A New Twist on the Arrest of Mr. Brighton Chifamba in the City of Johannesburg and Setheo Saga

The National Prosecuting Authority of South Africa (NPA) has now confirmed that the complainant in the matter involving the arrest of Mr. Brighton Chifamba (Chifamba) is the City of Johannesburg (COJ).

The relationship between Mr. Chifamba and Setheo Engineering (Pty) Limited (Setheo) is yet to be established and confirmed but what is not in dispute is that a contract was concluded between City Power, a juristic entity, and Setheo in relation to the Eldorado Park Electricity substation.

It is common cause that the contract in question was canceled by the COJ in 2017 on allegations that Setheo was unjustly enriched to the tune of R66 million being a disputed amount that was paid by City Power to Setheo pursuant to the implementation of the R143 million project.

Chifamba is being charged in his personal capacity for activities supposedly carried out on behalf of his employer.

While commenting on the matter following the bail hearing on Monday, 19 October 2020, that was postponed to Thursday, 22 October 2020, the Spokesperson for the National Prosecuting Authority, Phindi Mjonondwane said “The charges relates [sic] to the contract agreement between the contractor and the City of Johannesburg to build a new substation in Eldorado Park worth R126 million,” Gauteng NPA Spokesperson, Phindi Mjonondwane said in a statement on Monday.

“The allegations are such that, despite receiving remittance from the City to the total of R66 million, the contractor failed to deliver as no work was done,” – News24.com

In a telephone conversation, Ms. Mjonondwane confirmed that Chifamba is criminally charged and facts exist to support the decision to charge him in his personal capacity.

She said that she was not aware of the civil litigation instituted by Setheo in relation to the same contract. The civil matter under case number 9880/18 is pending matter.

Ms. Mjonondwane further added that if anyone has an interest in the dispute, they are welcome to attend the court proceedings. 

The versions in the public domain are contradictory and confusing especially having regard to the fact that directors of Setheo were arrested in 2017 on the same charges that have since been withdrawn.

Court presentations in the Chifamba case creates an impression that he acted as a lone canon but surprisingly to the benefit of a company he works for since he is charged alone and yet his alleged co-conspirators are not being regarded as the co accused.

It will be interesting to understand how this man would commit his alleged crimes alone when City Power is supposed to be a board corporate with checks and balances embedded in its systems of operations and the company that he works for has a directorate that he reports to.

Ms. Mjonondwane said that the merits of the case against Mr. Chifamba is subjudice and as such she said that it would not be appropriate for her to comment on this matter.

The confusion as to who is who in this whole case makes it difficult for entrepreneurs to be inspired to venture into business if there is no national mechanism to shield people from the complexities of legal matters and media onslaught which blurs the identity of contracting parties.

If and when the integrity of institutions and the dignity of man is to be respected, it is in the interest of the public that the NPA clarifies on the following issues: 

a) Is the Eldorado Substation project between Chifamba and City of Johannesburg? 

Or it is between

b) City Power and Setheo Engineering?

The subtle differences in the details around the case must be attended to with utmost good faith by both the media and the legal fraternity since these must be truthful and reliable in every essence when it comes to issues that pertains to the rule of law and human rights.

This is because, in the same case, the city of Johannesburg is said to have lost an amount of R66 million as no work was done and yet this paper is reliably informed that there is already some equipment on site evidencing that the project is actually still work in progress.

Interestingly, Chifamba who is not a director of the company that he works for has in several media outlets been reported as facing fraud and corruption charges while in its opposing of bail, the National Prosecuting Authority refers to his charges as fraud and theft.

Even though the core accused in the City Power and Setheo case which is loosely being referred to as the City of Johannesburg and Chifamba case are no longer facing the related persecution, he in his personal capacity, has continued to be haunted by the issue through its twists and turns.

According to its website, the NPA says: While the core work of the NPA will remain prosecutions and being a lawyer of the people, our strategy seeks to ensure that the organization becomes more pro-active so as to:

1) Contribute to growth of the South African economy

2) Contribute to freedom from crime

3) Contribute to social development

4) Promote a culture of civic morality

5) Reduce crime, and

6) Ensure public confidence in the Criminal Justice System

As such, the critical importance of civics literacy cannot be overstated. 

The relationship between City Of Johannesburg and City Power needs to be clarified so that existing and future service providers know better as to what tests they need to meet as employees of corporate service providers and as corporate contracting parties.

Clarity on this whole legal saga could assist in determining what course of action to take in relation to disputes that may arise in the course of implementing projects and interim payments that may be made in the ordinary course of business as part of a project’s progress.