The R200-million fraud case against former Fidentia head Arthur Brown and Dr Piet Bothma has been transferred to the Cape Town Regional Court so a trial date can be arranged. Brown appeared briefly in the Cape Town Magistrate's Court on Friday, without Bothma. Brown has brought a High Court application for a temporary stay of prosecution until the finalisation of the investigation against him, but it will be heard only in mid-November.
Brown wants three separate fraud cases against him to be combined so he can be charged from one charge sheet and in one court. But Marco Martini, Bothma's lawyer, argued that this would further prejudice his client, who has had to fly repeatedly from Joburg to attend court proceedings in Cape Town.
Bothma is the former Transport, Education and Training Authority head. State advocate Jan van Vuuren, SC, asked on Friday that a warrant of arrest for Bothma be authorised, but held over until the next court date in two months. Van Vuuren said the State received a letter from Martini's office reiterating that Bothma was being discriminated against, and said the State would, by the next date, determine whether the case against Bothma and Brown should be separated, and whether Bothma would be tried in Joburg.
Brown, who is out on R1-million bail, faces several criminal charges in connection with the alleged misappropriation of funds meant for widows and orphans of mineworkers who invested with Fidentia. A regional court case - in which Brown is alleged to have transferred R4,5m from mining supply company Fundi's account - and moved more than R5m from the loyalty card operation Infinity to his own account and that of close business associate Graham Maddock, is set to go to trial in September next year. In another case, Brown and investor Jacobus Theart, accused of fraud and theft of R800 000 from private investment company Antheru, are expected to appear in the magistrate's court early next month.
The case involving Brown and Bothma was postponed to November 23.
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