27 May 2026
Advocate Cheryl Sjoberg (left), representing accused number one Nadir Mohiudeen (right), is back on the Eastern Cape rail theft case. Photo: Steve Kretzmann
The attorney for businessman Nadir Mohiudeen, who stands accused with former PRASA regional manager Mthuthuzeli Swartz of selling off 42km of Transnet railway line for scrap in 2012, is back on the case.
The continuation of the drawn-out trial was set down for four days in the Gqeberha Commercial Crimes Court this week, but had to be postponed on its first day, Tuesday, as Mohiudeen’s attorney withdrew at the last minute.
The case involves the freight line between Sterkstroom and Elliot (now Khowa).
Mohiudeen and Swartz were arrested in 2019. After numerous lengthy delays, the trial started in March 2025.
On Tuesday, the court heard that Mohiudeen’s attorney Yugeshnee Govender, had withdrawn due to the non-payment of fees. Mohiudeen disputed this, saying he had proof of payment. Without an attorney, his advocate, Cheryl Sjoberg, was not able to act for him in court.
Magistrate Thabisa Mpimpilashe had expressed dissatisfaction that Govender had not appeared in court to formally withdraw, but no reprimand was issued when Sjoberg, again instructed by Govender, appeared on Wednesday.
But the trial has stalled again. State witness Adrian Samuels, who gave testimony last year and is still under cross examination, is currently working in the United Arab Emirates.
Samuels had been general manager of the Akisisa company and testified that Swartz and Mohiudeen had given them permission to uplift the line, and had paid them R1.5-million as a deposit for the materials.
Samuels failed to return to South Africa to take the stand in June 2025 due to illness, and again in December, when work kept him in Dubai.
Samuels flew back in late July for the trial, but the case was postponed as Mohiudeen changed attorneys, who were not able to brief Sjoberg in time.
Mohiudeen has switched attorneys six times, was warned by Magistrate Mpimpilashe in August last year and previously that if his lawyers weren’t prepared because he had changed counsel, he would be forced to proceed without them. The warning has not been enforced.
On Wednesday, state prosecutor Gerrit van der Merwe applied to have Samuels cross-examined remotely from the UAE. As the application would include two witnesses, Mpimpilashe ruled it should be heard on Thursday morning.
In December, Van der Merwe applied for a remote hearing but it was strongly opposed by Sjoberg, and the application was then abandoned as there were insufficient days set down.
