Affidavits used to secure a search warrant for tax-fraud accused Shauwn Mpisane’s Umhlanga mansion contained privileged information and, if exposed, would place the State’s case against her in jeopardy.
This was said by State advocate Meera Naidu yesterday, arguing against an application brought by Mpisane to have access to the documents in the Durban Regional Court.
Mpisane and her company, Zikhulise Cleaning, Maintenance and Transport, face charges of fraud, forgery for allegedly submitting false VAT invoices and under-declaring VAT.
She has also been charged with contravening the Close Corporations Act by managing a business in spite of being disqualified from doing so because she has a previous conviction for fraud.
Yesterday, Naidu submitted heads of argument and an affidavit by investigating officer Warrant Officer Johan Prinsloo opposing Mpisane’s application. This is the first time the State has claimed that the information is privileged. In an earlier application for the documents, Naidu said she was not in possession of them, but would hand them over to the defence when she had them.
Prinsloo claimed the documents contained privileged information and could only be handed to the defence once the investigation was complete.
Naidu said if the information was disclosed, “it would expose State witnesses, section 205 witnesses (accomplices) and the investigation methods used by the police”.
But Mpisane’s advocate, Jimmy Howse, argued: “We do not accept the ground of privilege – why was it not raised before? There is something… that the State wants to hide.”
Howse asked that magistrate Fikile Luvuno view the documents to determine if they contained privileged information.
Luvuno said she would make a ruling on the application on September 29. The Mercury