The court has already overlooked Portia ‘Pankie’ Sizani’s fraud case.
The former Eastern Cape education department’s early childhood development co-ordinator fraud conviction has been set aside on appeal.
It is now left to the prosecution to decide if the case should start afresh or she should be freed from this case.
In March 2019, she was found guilty of 15 counts of fraud totalling R1.2m after it was discovered that she created “ghost” teachers and claimed the money.
She paraded the court for about six years before she was found guilty of fraud.
She denied the allegations throughout, even her lawyers had to take the case to Makhanda high court.
Sizani’s counsel refused to agree with magistrate Mputumi Mpofu’s judgement and said he misdirected himself.
In the Port Elizabeth Commercial Crimes Court he forced the defence to close the case before they were even ready to do so.
However, judges Murray Lowe and Motilal Rugunanan agreed to close the case.
The judges concluded that Mpofu had committed a technical irregularity, which had led to injustice.
But, they told the National Prosecuting Authority that they could decide to present Sizani’s case in another magistrate court.
