‘DA has ulterior motive’

2014-08-02 00:00

POLITICAL “muck raking” to provide fodder for the front pages of newspapers.

This is what advocate Alistair Dickson SC, for KZN politicians Mike Mabuyakhulu and Peggy Nkonyeni, submitted was behind the DA’s court application to force KZN’s director of public prosecutions (DPP) to disclose what led to racketeering and corruption charges against them being withdrawn in August 2012.

Judge Rashid Vahed yesterday reserved judgment in the case in the Pietermaritzburg high court.

The DA has lodged an application in terms of the Promotion of Access to Information Act, to request the court to order KZN DPP Sophy Moipone Noko to provide them with the record of her decision leading to the withdrawal of the charges.

Representatives of Noko and the politicians have attacked the application on a number of grounds, including that the DA had not exhausted all internal remedies before bringing the application, and for singling out Mabuyakhulu and Nkonyeni whilst failing to include other individuals against whom charges were also withdrawn.

Noko’s advocate, Dumisa Ntsebeza SC, also submitted that the information being sought is privileged.

Dickson said the application was an “extension of political wrangling and mud slinging brought about for an ulterior motive” and was an abuse of process.

In reply Advocate Adrian Rall SC, for the DA, said Mabuyakhulu and Nkonyeni are “not only politicians but hold positions in the executive of the province”.

As such he said they were distinguishable from other accused.

23 initially accused in ‘amigos’ case

There were initially 23 accused in the case charged with racketeering, corruption and fraud in the so-called “Amigos” trial.

The case relates to tenders that were awarded for the supply of water purification and oxygen plants to the KZN Health and Local Government departments.

In August 2012, Noko, who was then acting KZN DPP, announced the withdrawal of charges against Mabuyakhulu, Nkonyeni and six others — Lindelihle Mkhwanazi, Nozibela Phindela, Jabulani Thusi and Ian Blose; as well as corporate entities Rowmoor Investments, Skyros Medical Supplies and Blue Serenity Investments.

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