The home affairs employee who was arrested for allegedly issuing an identity card to embattled South African businessman Vusumuzi ‘Cat’ Matlala has had her charges amended from four charges to 17 charges by the Crown.
This was after Assistant Regional Civil Registrar Nonhlanhla Malambe, who is facing corruption and document fraud charges arising from her alleged role in issuing identity documents unlawfully, did not attend court when the matter came before Magistrate Xolile Nxumalo yesterday.
Crown Counsel Sibusiso Phakathi informed the court that the prosecution was ready to proceed with trial. However, Malambe’s lawyer Sivesonkhe Ngwenya told the court that his client was unwell and had communicated her inability to be in court.
“I have since been furnished with a hospital attendance sheet together with a sick sheet,” Ngwenya submitted.
Phakathi confirmed that the defence had informed him of Malambe’s absence and that he had seen the medical documents. Despite this, he maintained that the Crown was fully prepared to proceed.
“This matter has been on the court roll for some time. In terms of the law, we are supposed to issue a warrant of arrest against the accused person. I humbly apply that it be stayed until she explains her whereabouts,” Phakathi submitted.
Two witnesses, Kenneth Mabuya and Lungile Mkhonta, were advised to appear before court on August 11.
The prosecutor also applied to file an amended charge sheet which the court accepted. The amendment substantially expanded the case against Malambe, increasing the charges from four to 17 counts.
The amended indictment alleged that between March 2017 and July 2024, Malambe abused her position as an assistant regional civil registrar by unlawfully facilitating the registration and issuance of personal identification numbers (PINs), national identity cards, birth certificates and a marriage certificate to several individuals in contravention of the law.
According to the first two counts, Malambe allegedly contravened Section 42 of the Prevention of Corruption Act by unlawfully registering a Personal Identification Number 7707106100897 and facilitating the issuance of a national identity card for Avhininen Anitti Jussi on or about March 23, 2017.
The prosecution alleged that the actions amounted to an abuse of office, breach of trust and violation of her legal duties.
The charge sheet further alleges that on November 29, 2017 she unlawfully registered PIN 9911271100136 and facilitated the issuance of a national identity card for Sincanelo Traicy Camp. She is also accused of unlawfully issuing a birth certificate for the same individual.
In relation to the birth certificate, Malambe faces an alternative charge under Section 14(1)(j) of the Immigration Act, alleging that she unlawfully issued an official document without lawful authority.
The assistant regional civil registrar also faces charges under the Births, Marriages and Deaths Registration Act for allegedly causing false information concerning Sincanelo Traicy Camp to be entered into the birth register before issuing a birth certificate based on the alleged false entries.
The amended charge sheet further alleged that on August 7, 2023 Malambe unlawfully inserted false information relating to Avhininen Anitti Jussi into official birth records before issuing a birth certificate based on those entries.
She is further accused of abusing her office by facilitating the unlawful issuance of the birth certificate before allegedly processing and issuing Marriage Certificate No. 375674 involving Glory Xolile Kunene and Avhininen Anitti Jussi.
Another series of charges relates to events allegedly committed on February 12, 2024. According to the indictment, Malambe unlawfully facilitated the registration of PIN 7605286100465 for a purported Vusimuzi Dlamini, before allegedly issuing a birth certificate based on false information.
She faces corruption charges relating to the registration of the PIN and issuance of the birth certificate, an alternative Immigration Act charge for unlawfully issuing the birth certificate, and another count alleging she knowingly caused false information to be entered into the birth register.
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The final set of allegations concerns July 19, 2024 when Malambe allegedly facilitated the registration of PIN 1406032101022 for Shabalala Titselo Siyamthanda and Zukiswa Dumsile Shabalala.
The prosecution alleged that she unlawfully registered the PIN before facilitating the issuance of a birth certificate for the same individuals. As with the previous allegations, the charge sheet includes an alternative Immigration Act charge relating to the alleged unlawful issuance of the birth certificate and a further count accusing her of wilfully inserting false information into official birth records before issuing the certificate.
Overall, the amended charge sheet accuses Malambe of repeatedly abusing her position to facilitate the unlawful registration of identity documents and civil status records over a period spanning more than seven years.
The charges include multiple counts under the Prevention of Corruption Act 2006, the Births, Marriages and Deaths Registration Act 1983 and alternative charges under the Immigration Act 1982.
The case forms part of the wider investigation involving businessman Vusumuzi ‘Cat’ Matlala whose alleged acquisition of local identity documents has attracted significant public attention.
The trial did not proceed yesterday owing to Malambe’s absence and the matter was postponed to August 11 for trial.
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