Nguka sued for R180m

2003-02-09 08:20

Sphiwe Mboyane

Johannesburg - The country's top prosecutor, Bulelani Ngcuka, has been slapped with a huge defamation lawsuit of almost R180m by controversial businessman Muller Conrad "Billy" Rautenbach.

The former Hyundai boss in southern Africa is also suing other top government officials, including Justice Minister Penuell Maduna and deputy national director of public prosecutions Willie Hofmeyr, for a combined amount of R4.5m for allegedly publishing false allegations that injured his reputation and denigrated his integrity.

Ngcuka's spokesperson Sipho Ngwema, who is the ninth respondent in the matter, told City Press his boss and government would defend the action.

In papers submitted to the Pretoria High Court late last year, Rautenbach alleges Ngcuka and/or one of his representatives had on November 18, 1999 held a meeting with Bjorn Larsson, senior vice-president of AB Volvo, Rautenbach's prospective business partner at the time, and made several damaging allegations against him.

These include: that he had stolen about R15m from Hyundai Motor Distributors and Swedish Truck Distributors, the two companies he owned; that he committed double discounting of vehicles of SA Botswana Hauliers and Hyundai Motor Distributors at Bankfin; that he had transferred funds from private companies to avoid payment of income tax; and that he committed bribery.

Before Ngcuka allegedly made the claims to Larsson, there had been reports in newspapers that AB Volvo, a Swedish truck and bus group, intended to acquire assets and take over franchises held by Rautenbach's company, Scandinavian Motor Corporation.

Rautenbach claims negotiations between the two companies had reached an advanced stage to finalise the said purchase agreement prior to January 1, 2000.

Gun-running

The deal, argues Rautenbach, was abandoned as a result of Ngcuka's actions. He claims that on signing the agreement, he would have been paid $15m and that a further $4.5m would have been paid later.

Other newspaper reports published in 1999 stated that the National Directorate for Public Prosecutions (NDPP) had alleged Rautenbach had engaged in serious offences including insurance and Vat fraud, tax evasion, gun-running, theft and double discounting of vehicles.

The NDPP also alleged that intelligence agencies had received information linking Rautenbach to the murder of Daewoo's senior Korean executive in SA, Yong Koo Kwon, in 1999.

Police raided his house and seized his luxury home in Sandhurst, Johannesburg, a farm in Paarl, five aircraft, a million-dollar yacht and a secret container packed with documents.

In March 2002 Rautenbach won a high court order for the release of R40m worth of assets seized by the assets forfeiture unit.

Ngcuka is being sued for defamation because of statements attributed to him in a Sunday Times report of November 21, 1999 in which he said Rautenbach featured among the top criminals in the country. In the same year Judge Southwood decided the contents of the press statement released by Sipho Ngwema on behalf of Ngcuka were defamatory.

Rautenbach's lawyer Nicolene Fourie told City Press the defendants had expressed an intent to defend the action, but added they had not yet received a plea from them.

Rautenbach could not be reached for comment.

- City Press