CASE HALTED: Fraud trial of Komani cop hits bizarre legal snag

Would you risk your career to dupe your employer out of R1,800?

Well, an Eastern Cape police woman took that gamble, allegedly hatching a scheme to defraud the SAPS when applying for a subsistence and travel allowance.

Zimkhitha Duda, a captain stationed in Komani, returned to the town’s magistrates court this week where she stood trial on charges of fraud and money laundering.

Duda allegedly convinced a guesthouse owner to falsify invoices so that she could overcharge the police for accommodation during a work-related visit to Maletswai, and subsequently pocket the difference.

Twist in the tale

Yet as the state closed its case this week, the matter took an unexpected turn. The court ordered that the matter be referred to the Legal Practice Council for review after it came to light that the defence attorney did not have a Right of Appearance Certificate, allowing him to conduct cases before the regional court.

The case dates back to 2023, during a period when Duda was appointed as the station commander at the small Glen Grey police station, north of Komani.

She was scheduled to visit Maletswai for a series of meetings related to police management in the region between 31 October and 4 November 2023.

In accordance with police protocols, when travelling for work and staying overnight, a member is required to submit an application for their preferred accommodation. Pricing will be taken into consideration before their superiors approve the application and pay the money directly to the service provider.

Guesthouse red flags

It is alleged that Duda booked accommodation at a guesthouse in Maletswai for the required dates, quoting a price of R900 per night for four nights. However, the actual price was only R450 per night.

According to the charge sheet, the guesthouse owner submitted an invoice to the police in Komani for R1,800 for the four nights in question. However, Duda approached the owner and asked her to send an amended invoice for R3,600.

She subsequently requested that the guesthouse owner pay the difference into a bank account, which the investigation uncovered belonged to Duda’s daughter.

When the relevant office at the Komani police station received the two conflicting invoices, red flags were raised and an investigation was launched.

Duda was subpoenaed to appear before the Komani regional court in 2025 on charges of fraud and money laundering. She has since been transferred from her post in Glen Grey to the Komani police station.

Owner’s testimony

The state called its final witness, the guesthouse owner, on Monday, before closing its case.

Speaking after her testimony before court, the guesthouse owner, who asked not to be named, said it came as a complete surprise when the police contacted her during their investigation.

“When she asked me to change the invoices I didn’t really think much of it. She told me her bosses would ask her to pay money back and it would be easier for everyone if we could just change the invoice.

“Looking back now, I should probably have known something was wrong. But I’m still one of those people who thinks you should be able to trust the police. But I guess I learned my lesson,” said the guesthouse owner.

National Prosecuting Authority (NPA) spokesperson Luxolo Tyali confirmed that the state and defence had finalised their cases and that the matter was “at judgment stage”.

Referred for review

The matter was scheduled to proceed on Tuesday, when the defence attorney’s Right of Appearance was brought into question.

“It came to the court’s attention that while the attorney representing the accused is a qualified attorney, he did not have the proper Right of Appearance Certificate to argue matters in the regional court. 

“The court ordered that the matter be referred to the Legal Practice Council for review and recommendation on the way forward.”

Tyali said the accused will likely be ordered to appoint a new attorney and the matter could continue where it left off, or the court could order that the case start afresh and all the witnesses and evidence be led again, depending on the findings of the review. DM