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Businessman Gaston Savoi, the main accused in the R144 million Amigos trial, says SA’s racketeering laws are open to personal and political manipulation.
Durban – Gaston Savoi, the businessman accused in the R144 million “Amigos” trial, challenged the Prevention of Organised Crime Act in the Pietermaritzburg High Court on Tuesday.
This comes just months before the start of the trial, which was set down for May.
Savoi – along with his company, Intaka Holdings, employee, Fernando Praderi – called for some of the act’s provisions to be declared “unconstitutional”. If successful, the challenge could affect all racketeering trials. Savoi, along with 12 others, faces charges of racketeering, corruption and fraud relating to the supply of water purification and oxygen plants to the KZN departments of local government and health.
The complainants argued that the racketeering laws were open to “personal and political manipulation”. This was after charges against their former co-accused, ANC politicians Mike Mabuyakhulu and Peggy Nkonyeni, were withdrawn.
The initial indictment included 23 accused and 54 counts, but now includes only 13 accused and 17 counts.
State advocate David Unterhalter SC said on Tuesday that the new indictment was based on an assessment of evidence that became available.
He said that the applicants had failed to link the challenges they had raised to the indictment and that the court should dismiss the application simply because it was “premature and abstract”.
“There are no interests of justice that require these challenges to be resolved in this case,” he said.
But, speaking for the applicants, advocate Gilbert Marcus SC said if his clients were convicted they could face life imprisonment or a fine of R1 billion, which meant the issue was “live” and not premature.
The challenge was not abstract because its outcome would have a practical effect on the proceedings of the criminal trial, he said. Marcus said there was no better time than before the trial began to raise a constitutional question.
Judge Isaac Madondo reserved judgment.
The Mercury
