Rail theft case postponed after state witness no-show
Mthuthuzeli Swartz was arrested in 2019. His trial has faced delay after delay.
Former PRASA Western Cape manager Mthuthuzeli Swartz (on right) with advocate Mzwamadoda Mnyani outside the Gqeberha Commercial Crimes Court. Archive photo: Steve Kretzmann
The theft and fraud case against former PRASA Western Cape manager Mthuthuzeli Swartz and businessman Nadir Mohiudeen was set down for three days in the Gqeberha Commercial Crimes Court this week. But it has now been postponed — once again — to May 2026, without any testimony being heard.
The case centres on Swartz and Mohiudeen allegedly selling a disused 42km Transnet line, between Sterkstroom and Elliot (now Khowa), to Adrian Samuels and his cousin Cedric Samuels in 2012.
On Monday, Adrian Samuels was due to be cross-examined as a state witness, but remained in Dubai.
The state brought an application for Samuels to testify remotely, but withdrew the application on Tuesday.
In early 2013, the Samuels were arrested by Transnet security guards while removing the line for its scrap value.
Swartz and Mohiudeen were arrested in early 2019, six years later. The trial only began in March this year, when Adrian Samuels took the stand. Further hearings were postponed in June due to Samuels being ill, and again in late July when Mohiudeen’s new legal team – his fifth change of lawyers – were granted a postponement to familiarise themselves with the documents. However, Samuels was absent for the first day of hearings in late July as he had missed his flight from Durban, his hometown.
The delay means that the trial will continue at minimum seven years since the accused were arrested. Part of the reason for this delay was an unsuccessful review application to the high court by Mohiudeen, who is accused number one. His failed application asked for more details of the case against him.
On Tuesday, state prosecutor Gerrit van der Merwe withdrew the application for online cross-examination as magistrate Thabisa Mpimpilashe would only be able to provide her ruling on Wednesday, which was the last day set down for hearings this week.
Additionally, Samuels had indicated he would be available to attend court next year, so the application was moot.
Swartz’s advocate, Mzwamadoda Mnyani, argued for a warrant of arrest against Samuels, saying the fact that he missed his initial flight in July and did not appear in court on Monday, showed he “doesn’t take this court seriously”.
“We don’t know he won’t miss his flight next time,” said Mnyani.
Van der Merwe argued that if the defence advocates had not indicated their intention to oppose his application for online cross-examination, the case could have continued this week.
“We could have proceeded if defence agreed,” he said.
Magistrate Mpimpilashe ordered a warrant of arrest against Samuels and set down the next hearing from 26 to 29 May next year.
Advocate Cheryl Sjoberg appeared for Mohiudeen.
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