Durban — DA in KwaZulu-Natal leader Francois Rodgers has asked for answers from KwaZulu-Natal Director of Public Prosecutions, Advocate Elaine Zungu, on ensuring justice following the Durban High Court ruling in the North Sea Jazz Festival case.
On Tuesday, the Durban High Court found former KZN Economic Development and Tourism MEC Mike Mabuyakhulu and his co-accused not guilty on charges of fraud and corruption.
Mabuyakhulu was charged with 15 other people 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. However, the festival did not materialise. The State alleged that money was paid to the service providers.
In the letter dated May 31, 2023, Rodgers said that with reference to the recent ruling by Durban High Court Judge Mahendra Chetty in the matter relating to the North Sea Jazz Festival, the judge’s comments in his ruling: “The leading of evidence of financial transactions is critical to the outcome of cases of corruption and money laundering. The state is obliged to join the dots. It is not for this court to do so or to speculate,” is a matter of grave concern to the Democratic Alliance.
“It is disappointing to note that the inability of the KZN Prosecution authorities has led, once again, to the failure of accountability and consequence in matters of such importance.
“Judgments of this nature lead to an erosion of confidence in the prosecutorial efficacy of your office, particularly in the current climate of maladministration and corruption in our province.
“What steps will be taken by your office to ensure there are no future re-occurrences of this type?” Rodgers asked in the letter.
In a statement, Rodgers said that the Mabuyakhulu case highlighted major inadequacies within KZN’s Public Prosecutions Unit.
He said the letter to Zungu was a call for her to outline steps to future-proof the organisation’s ability to ensure justice.
Rodgers said that the move follows Mabuyakhulu and his co-accused’s acquittal.
He said that according to presiding Judge Mahendra Chetty, there was no evidence to support the dozens of allegations against Mabuyakhulu and the others.
“Of particular concern to the DA are the scathing statements made by Judge Chetty as part of his 100-page ruling. This includes the remark that: “The state is obliged to join the dots. It is not for this court to do so or to speculate,” Rodgers said.
“It is disappointing to note that the inability of the KZN prosecution authorities has, once again, led to a failure in accountability and consequences. This is either through ineptitude or as a result of capture.”
Rodgers said that this is further evidenced by Judge Chetty’s comment that the state had not lived up to the promise set out in its opening address and in the indictment, resulting in evidence.
“Our province is on its knees as a result of corruption, particularly when it comes to those connected to the government,” Rodgers said.
“Judgments of this nature lead to an erosion of confidence in the prosecutorial efficacy of this important office, particularly within KZN’s current climate of maladministration and corruption.”
Rodgers said that the DA in KZN has engaged with national DA Justice and Constitutional Development spokesperson Glynnis Breytenbach to request that she take up their concerns at the highest level within public prosecution structures.
“It is clear that institutions of accountability and consequence, under an ANC-run government, are failing KZN’s people and will never address ongoing challenges. The 2024 elections will afford voters an opportunity to change this trajectory,” Rodgers said.
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