Durban — The Durban High Court will rule today (Tuesday) whether or not to drop corruption and fraud charges against former KwaZulu-Natal MEC for Economic Development and Tourism, Mike Mabuyakhulu.
This is after he made an application on the basis of Section 174 of the Criminal Procedure Act 51 of 1977.
The act involves the right of an accused to be discharged from the offence he has allegedly committed when, at the close of the State’s case, there is no evidence on which the court may draw that conclusion.
Mabuyakhulu is charged with 15 others and companies with corruption, theft and money laundering to the value of R28 million.
The money was meant to host the North Sea Jazz Festival in 2012.
The festival did not materialise but the money was allegedly paid to the service providers. Mabuyakhulu was Economic Development and Tourism at the time.
According to the indictment, the alleged main role players are Mabuyakhulu; Desmond Golding, head of the Department of Economic Development and Tourism; Ceaser Mkhize, owner and member of Soft Skills Communication 100 CC, Shaka Holdings and Maqhoboza Traders CC; Nothando Zungu, member of Soft Skills Communication and Ishashalazi Production CC; and Mabheleni Ntuli, the sole member of Supersize Investment 20 CC.
National Prosecuting Authority spokesperson Natasha Ramkisson-Kara said Mabuyakhulu made the application last week.
She said such an application was made following the State closing its case if an accused felt the State had not sufficiently proven its case or proved a credible or prima facie case against the accused in the matter.
Mabuyakhulu had previously lodged a permanent stay of prosecution bid and failed.
Mabuyakhulu later asked the court to separate his trial from the rest, saying the delays were hampering his political career, but the court dismissed it.
If the high court rules in favour of Mabuyakhulu today (Tuesday), he could be acquitted.
Alternatively, if the judge dismisses the application judgment, sentencing will proceed.
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Daily News