INLSA
FILE PICTURE: Squashed together in the dock of a Pietermaritzburg court yesterday were amigos, from left, Sipho Shabalala, Gaston Savoi, Busi Nyembez and Ntombi Shabalala. They are facing various charges relating to a R44 million provincial government contract. Picture: Bongani Mbatha
PICTURE BONGANI MBATHA
Taxpayers could pick up the tab for what will be the weighty legal bills of politicians and government employees charged in the R144 million “amigos” government racketeering, fraud and corruption trial.
KwaZulu-Natal government spokesman Cyril Madlala confirmed yesterday that the cabinet had already discussed the matter but was yet to make decision.
“It has asked the MEC for finance, Ina Cronje, to work with the Treasury and the legal department to study carefully precedents in this regard, and gather information regarding the circumstances under which people may qualify for this kind of assistance,” he said.
“They will report back to the cabinet.”
With the trial expected to take about six months – and a massive amount of preparation to be done scouring a 112 000-page forensic audit report – the bill will run into many millions of rand.
Those who could qualify are KZN Economic Development MEC Mike Mabuyakhulu, speaker Peggy Nkonyeni, former Treasury head Sipho Shabalala – who is said to be unemployed and struggling financially – and several former heads of the Department of Health and department personnel.
It is believed that if the cabinet approves the financial assistance it will be on the basis that the money will have to be repaid if they are convicted.
Today, for the first time, the accused in the trial will face Judge Ron McLaren, the judge tasked with hearing their trial and who will ultimately decide their fate.
All 21 accused – including Cape Town businessman Gaston Savoi, who is alleged to have paid sweeteners to secure contracts for the provision of water purification plants and oxygen machines to the departments of health and local government at hugely inflated prices – will appear briefly in the Pietermaritzburg Regional Court before being transferred to the high court.
There they will make their first appearance before Judge McLaren – a man with a no-nonsense reputation who retired from active duty last year. Before this, their lawyers will meet the judge in his chambers with the aim of setting a trial date, possibly some time in the second half of the year.
The Mercury understands that several issues will be on the table including:
l Possible pre-trial applications by some of the accused for a separation of trials.
l Discussion of whether it would be logistically better to hold the trial in Durban or Pietermaritzburg.
l The availability of lawyers who have already been briefed and whether all the accused are properly represented and have made provision to pay their legal fees.
George van Niekerk, the lawyer representing Savoi, his company, Intaka Holdings, and his colleague, Fernando Praderi, said his clients were “keen to get to trial” and the meeting with the judge was “to get to the starting blocks”.
His clients would be represented by Cape advocate Francois van Zyl, who represented Schabir Shaik, Durban advocate Kemp J Kemp, who represented Jacob Zuma in his successful attempt to have corruption charges against him withdrawn, and respected criminal lawyer and advocate Jimmy Howse.
Van Niekerk said he believed that the trial – based on 54 charges contained in a 77-page indictment – would take at least six months.
Late last year two of Savoi’s business associates turned against him and claimed in plea bargains that they had submitted false cover quotes to the KwaZulu-Natal Department of Health to legitimise Savoi’s inflated prices for the water purification plants.
Ansano Romani and Donald Miller – who both received effective fines of R50 000 – are now expected to be added to the list of 79 people who will testify at the trial.
The other accused in the matter are: former health directors-general Professor Ronald Green-Thompson, Yolisa Mbele and Busi Nyembezi; former supply chain management head Victor Ntshangase; former health chief financial officer Alson Buthelezi; advocate Sandile Kuboni and three lawyers who took over his practice, Nozibele Phindela, Jabulani Thusi and Ian Blose; Shabalala’s wife, Ntombi; and Nkonyeni’s boyfriend, Lindelihle Mkhwanazi.
Five companies, including Intaka holdings and Kuboni Shezi Attorneys, are also accused.
