Mpisane trial resumes 'under protest'

2012-11-05 21:10
(Supplied)

(Supplied)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Durban - The State proceeded with the fraud trial of businesswoman Shauwn Mpisane "under protest" in the Durban Regional Court on Monday.

State advocate Meera Naidu told the court that she would lead evidence but would simultaneously launch an application in the high court to review the ruling which allowed the court to proceed with Mpisane's fraud trial.

Earlier Naidu asked the court for an adjournment to review the decision it made on Friday.

Magistrate Blessing Msani rejected the State's application.

Msani ruled on Friday that Mpisane's fraud trial should proceed.

Mpisane is accused of inflating invoices by more than R5m to cut her tax bill.

She is also accused of violating the Close Corporations Act by remaining the sole member of Zikhulise Cleaning, Maintenance, and Transport CC when she had a previous fraud conviction.

She has pleaded not guilty.

The State lost two of its applications to link charges against Mpisane at two different courts - the Durban Regional Court and the Pinetown Magistrate's Court - and one to amend the charge sheet.

It wanted to add another 12 tax-related charges to the 119 charges she faces in her fraud trial.

She was arrested on 19 October on fresh charges of corruption and defeating the ends of justice for allegedly contacting one of the witnesses expected to testify in her fraud trial.

She appeared in the Pinetown Magistrate's Court and was released on bail of R50 000.

Practical

"The State wants to proceed with the review. Should the high court rule in the State's favour then Mpisane's fraud trial will be set aside.

"The State feels strongly about the joining of charges Mpisane was facing in the Pinetown Magistrate's Court with those in the Durban Regional Court," Naidu said.

She said the State also wanted the decision not to amend Mpisane's charge sheet or add new charges to be reviewed.

Msani told Naidu that launching an application in the high court to review his ruling while proceeding with the Mpisane's fraud trial was not practical.

"Your attitude to law is not correct...I don't see how that can be workable," he said.

Defence advocate Jimmy Howse told the court he did not see how the State's witness was relevant to the trial as he had not made any statements.

Msani allowed Naidu to lead evidence with Mashudu Johannes Makwakwa who works for the SA Revenue Service.

Naidu said Makwakwa was relevant to the State's case and his evidence was related from the second charge to the 119 charges in Mpisane's fraud trial.
Makwakwa works as a group executive at Sars in Pretoria. He is the head of auditing.

He told the court that he first became involved with the Mpisane case in March 2009 when he was made aware that she owed Sars R33m.

Of that money R13m was contested and about R20m was in dispute.

Makwakwa said Mpisane only paid R3m of the R20m.

Howse asked the matter to be adjourned to Tuesday to take instruction from Mpisane and to prepare his cross-examination.


  

- SAPA
Read more on:    shauwn mpisane  |  durban
NEXT ON NEWS24X

Gauteng water running dry

30 minutes ago
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Fashion
 

6 life hacks you simply have to know

A few simple tricks can make your life so much easier!

 
 

For chic geeks...

Device lets disabled people talk through their nose
It’s THIS easy for someone to steal your ATM pin!
This is why you should install iOS 8
17 photo illusions that look so real

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Your sense of duty is emphasized and you may put your heart and soul into helping, serving and being there for the community in a...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.