Durban - KwaZulu-Natal businesswoman, Thandeka Nene, contractor involved in upgrading President Jacob Zuma’s Nkandla home, her husband and sister, are expected to apply for the fraud charges against them to be withdrawn.
Prosecutor Ashika Luckan told Durban Commercial Crime Court acting magistrate, Nalini Govender, on Thursday that the trio’s attorney, Phyllis Jailall, was to make written representations to the State.
Nene, her husband, Sikhumbuzo Eric Nene, her sister Cynthia Cyndi Mahlalempini, and Jordon Mlamuli Ngubane are all equal shareholders of Ntshantsha Construction CC, and all face fraud charges.
It is alleged they presented false information to the Construction Industry Development Board (CIDB) to improve their company grading so that they could secure government tenders.
The charge sheet refers to two provincial Department of Public Works tenders awarded to the close corporation based on their “false” grading.
The company was paid just over R1.1 million for the one government project, and just over R3.1m for the second.
It is alleged the construction company submitted false information, such as tax invoices and financial statements, to receive a higher grading.
According to the charge sheet, the board reflects that Ntshantsha Construction CC was registered and awarded various grades since its first registration on the board’s database in November 2006.
All four accused handed themselves in to the police in November and were subsequently released on R5 000 bail each.
In court on Thursday, Luckan told the court that Jailall was to make written representations next month.
“I’ve been in consultation with the various investigating officers who said they would need to investigate further, based on these written representations. The State would also need a handwriting expert,” Luckan said.
She then requested an adjournment until May for all of this to be done, saying the State would then reply to these written representations in court.
The representations are believed to be an application for charges against the four and the close corporation to be withdrawn.
Meanwhile, Nene had appeared earlier in the same court on a separate matter.
Nene and her construction company, Bonelena Construction, face corruption charges. It has been widely reported that this firm secured contracts worth an estimated R90m to upgrade President Jacob Zuma’s private home.
In this case, Nene had previously been granted R30 000 bail, and was accused of bribing officials to secure tenders amounting to about R180m.
Nene has admitted to a previous fraud conviction for a matter in the Seychelles, where she pleaded guilty.
The case was also adjourned to May.
The businesswoman is also opposing a Pietermaritzburg High Court application for Bonelena Construction to be liquidated.
Daily News