No documents in court causes confusion

2011-08-26 00:00

CONFUSION reigned at the Durban Magistrate’s Court yesterday where Durban businesswoman Shawn Mpisane expected to hear a ruling on documents requested by her defence.

Mpisane’s advocate, Jimmy Howse, made the application at the Durban Regional Court last week and demanded access to documents that had led to the search and seizure ordered on her luxury Umhlanga home.

State prosecutor advocate Meera Naidu said the state does not have the requested documents and that they are still in possession of the SA Police Service.

“It is not my job to oversee every organ and department of the state. I made the request and they haven’t supplied me with the documents.”

Howse interjected that the investigating officer, who has the requested documents, should be in court.

Luvuno said that the matter was criminal and that due course should be followed, rejecting a request by Howse for her to use her authority to sway influence and hasten the process.

Howse said that he was confused at the magistrate’s failure to insist on the documents since they were crucial in building a defence.

Meanwhile, Mpisane stood in the dock dressed in a turquoise chiffon outfit, wearing an impressive diamond encrusted bracelet, bling belt, killer heels and her trademark Gucci glasses, only this time, she didn’t have to be warned to take them off when addressing the court.

Her husband, former metro police office, Sbu Mpisane and Shawn’s sister — also covered in high end branded clothing — listened attentively.

In March last year the SA RevenueService seized three luxury vehicles worth nearly R17 million belonging to the couple to cover unpaid taxes.

The couple voluntarily handed over some of their moveable assets last year as surety and pledged to pay SARS over a few months.

In 2009, it was reported that the couple had received R219 million from the eThekwini Municipality to build low-income houses on 4 500 sites in Umlazi.

The National Home Builders’ Registration Council found defects in more than 1 000 of the 3 000 houses built by Zikhulise Cleaning, Maintenance and Transport.

Of the defects, 30% were serious and would require major renovations.

The matter has been adjourned till September 29.

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