KZN Economic Development MEC, Mike Mabuyakhulu KZN Economic Development MEC, Mike Mabuyakhulu
Economic Development MEC Mike Mabuyakhulu and KwaZulu-Natal legislature Speaker Peggy Nkonyeni may be let off the hook on racketeering and corruption charges in the “Amigos trial”.
The Mercury has been told by several independent sources that Richard Mrwebi, recently appointed by President Jacob Zuma to head the National Prosecuting Authority’s commercial crime unit, was reviewing the decision to prosecute the two high-profile ANC politicians.
This was even though the case has already been set down for trial later this year before retired judge Ron McLaren, and all the accused being given the 112 000-page forensic audit to begin preparing their defences.
The Mercury understands Mrwebi recently called a meeting to discuss the “Amigos trial”, and he was expected to make a decision on prosecuting Mabuyakhulu and Nkonyeni soon.
However, NPA spokesman Mthunzi Mhaga said: “Advocate Mrwebi has not made any decision about this matter because it falls under the director of public prosecutions in KZN. We are not at liberty to discuss matters pending before court as the matter has been set down for trial.”
Mrwebi is the former KZN Scorpions boss. He has been named in recent media reports as the man who authorised the provisional withdrawal of fraud charges against crime intelligence boss Richard Mdluli, who is believed to be a staunch supporter of the president.
Mabuyakhulu and Nkonyeni were arrested in August last year – almost a year after most of the other 21 accused, including the alleged “main man”, Cape Town businessman Gaston Savoi, were nabbed.
Through his company Intaka Holdings, Savoi is alleged to have paid sweeteners to secure contracts to provide water purification plants and oxygen machines to the KZN health and local government departments at hugely inflated prices.
All have been charged with racketeering, with the final indictment alleging they conspired to commit corruption, fraud and money laundering with a potential cost to the provincial government of about R144 million.
Mabuyakhulu – the local government MEC and ANC treasurer at the time of the alleged offences – faces corruption charges relating to an alleged R1m “donation” Savoi gave then treasury head Sipho Shabalala, which is said to have been laundered through the trust account of advocate Sandile Kuboni. Nkonyeni, the former health MEC, is accused of taking two amounts of R500 000 from Savoi for her “influence” in the procurement process.
A source, who wished to remain anonymous, said Mrwebi, not the provincial NPA bosses, was “asking the questions and he will make the call” on whether the two would be prosecuted.
He pointed out that the two were the only remaining accused who were still active in politics and government, the rest having all retired, resigned or been fired.
Savoi’s lawyer, George van Niekerk, said he had heard rumours that “they are relooking at charges and that certain accused could fall out”.
“It has just been talk though.
“If this happens, it will be interesting to see what charges are left. It will have an impact on the other accused.”
Hawks spokesman McIntosh Polela said the trial was set for October and the Hawks had not received any correspondence suggesting any charges would be withdrawn.
The other accused in the matter are: former Health Department officials Ronald Green-Thompson, Yolisa Mbele and Busi Nyembezi, former supply-chain management head Victor Ntshangase, former health chief financial officer Alson Buthelezi, Savoi’s business associate Fernando Praderi, advocate Sandile Kuboni and three lawyers who took over his practice – Nozibele Phindela, Jabulani Thusi and Ian Blose – Sipho Shabalala and his wife, Ntombi, and Nkonyeni’s boyfriend, Lindelihle Mkhwanazi. Five companies, including Intaka Holdings and Kuboni Shezi Attorneys, are also accused.
Two other business associates of Savoi pleaded guilty, admitting they had submitted false cover quotes to the KZN Health Department to legitimise his inflated prices for the water purification plants. Ansano Romani and Donald Miller received effective fines of R50 000 each.