DURBAN High Court Judge Mahendra Chetty is expected to rule on Wednesday on the validity of a search warrant used by police to seize documents in the corruption trial involving former Economic Development and Tourism MEC and ANC KZN deputy chairperson Mike Mabuyakhulu and 15 others.
The trial began last week. The charges range from corruption to money laundering and emanate from the alleged payment of R28 million for the North Sea Jazz Festival in 2012 that never took place.
According to the indictment, the alleged main role-players are: Mabuyakhulu; Desmond Golding, head of the Department of Economic Development and Tourism; Ceaser Mkhize, owner and member of Soft Skills Communication 100 CC, Shaka Holdings and Maqhoboza Traders CC; Nothando Zungu, member of Soft Skills Communication and Ishashalazi Production CC; and Mabheleni Ntuli, sole member of Supersize Investment 20 CC.
On Tuesday, the defence cross-examined Hawks investigating officer Captain Themba Sibiya about the procedure he followed in obtaining search warrants.
Advocate Khumbu Shazi told the court that Sibiya never used his own investigation to obtain the search warrants, but relied on Ubuntu Business Advisory Consulting’s forensic investigations report. Shazi argued that the warrant was invalid and the information obtained was inadmissible in court.
Sibiya denied that he only relied on information he had obtained from the forensic report, but in most of his response he agreed that he was consulting with the company because it had already done its investigations and had a preliminary report.
The State alleges that although Golding was informed by Mojo that the jazz festival was no longer going to take place, he instructed that payment be authorised in November that year. On Monday, Bongani Shezi, former chief financial officer at the Department of Economic Development and Tourism, testified that he was instructed by Golding to effect payment and that he feared the consequences should he have ignored the instruction.
Shezi told the court he was instructed to pay the remaining R26m to Soft Skills Communication 100 CC, which allegedly organised the jazz festival.
The State alleges that Mabuyakhulu was given R300 000 which was allegedly paid into his personal bank account by Maqhoboza Traders CC. Mkhize appears as the company’s representative.
Daily News