Durban - A Durban advocate accused of withholding information in businesswoman Shauwn Mpisane’s VAT fraud case in 2013 was this week found not guilty of the charges brought against her. A hearing into the matter started in May.
Advocate Meera Naidu, a member of the Public Servants Association of South Africa (PSA), was accused of prosecutorial misconduct after Mpisane’s defence team complained that Naidu had withheld documents and misled the court.
Mpisane and her company, Zikhulise Cleaning, Maintenance & Transport CC, were initially charged in the Durban Regional Court with 119 counts mainly of tax fraud involving R4.7 million. The charges were that she submitted documents, including fraudulent revised income tax statements for the 2008 tax year, and fake invoices, to Sars and put incorrect information on VAT returns for the 2009/10 tax year.
She was also charged with violating the Close Corporations Act by operating a close corporation despite having a criminal conviction for VAT fraud in 2005.
However, the charges against Mpisane relating to the 2013 matter were withdrawn on the basis of the allegations levelled against Naidu.
The Labour Relations Officer for the Public Servants Association of South Africa, Roshan Lil-Ruthan, said the National Prosecuting Authority proceeded with disciplinary action against Naidu, citing the alleged prosecutorial misconduct.
“This hearing took three years to complete in which time Naidu’s right to prosecute was withdrawn. Her personal development within the organisation had been stifled. The employee has suffered financial prejudice by not being granted performance bonuses and salary increments which she was entitled to.
“She suffered reputational damage, for which she is seeking legal advice to bring possible legal redress,” said Lil-Ruthan.
The association appointed litigation attorney Bruce Macgregor of the law firm, Macgregor Erasmus, to defend Naidu.
The hearings commenced in May this year and the findings were made known on Friday.
“We at the PSA stand by our members and, where required, bring in strong legal teams to defend obvious injustice,” said Lil-Ruthan.
Senior advocate and chairman of the disciplinary tribunal advocate Justice Mnisi, said in his concluding remarks at the tribunal on Friday: “Clearly there has never been any prosecutorial misconduct, raising a serious concern as to why the criminal charges were withdrawn against Mpisane.
Lil-Ruthan said: “This experience has been traumatic for Naidu, who has a long and very successful career with the NPA, not to mention that the NPA has not had her valuable talents for the past three years.
“She looks forward to resuming her career but will be considering legal action against the NPA to compensate her for the damages she has suffered.”
The Sunday Tribune contacted Mpisane for comment, but she did not respond to questions or those SMSed to her cellphone.
Sunday Tribune
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