Businessman Peter-Paul Ngwenya asks court to let him off in k-word case

The prosecution has not proven that businessman Peter-Paul Ngwenya is guilty of charges he faces in connection with his fight with Investec CEO designate Fani Titi in 2016‚ his lawyer says.

Ngwenya's advocate‚ Benny Buthelezi‚ said this in applying for a discharge from the three charges Ngwenya is facing.

Ngwenya faces two charges of contravening the protection orders obtained by Titi and the managing director of MRC Media‚ Aqeel Patel.

These charges emanate from a visit Ngwenya made to the MRC Media offices in Sandhurst‚ where he is a director‚ on June 24, 2016‚ when a visibly upset Ngwenya told an employee at MRC Media‚ Eucharist Mabena‚ to "go get my money‚ otherwise I will kill these dogs".

A second affidavit filed by Mabena in April 2017 states she was certain Ngwenya was referring to Titi and Patel.

Ngwenya‚ a politically connected businessman who spent almost five years imprisoned on Robben Island during apartheid‚ is also facing a charge of crimen injuria for calling his long-term friend Titi a "QwaQwa k****r" in an SMS.

The conflict between Ngwenya and Titi‚ who had been friends for 20 years‚ stemmed from a multi-million rand deal that went sour. Ngwenya claims that Titi owes him close to R54-million‚ which has been disputed by Titi's camp.

The Criminal Procedure Act provides for the accused to be discharged if‚ at the close of the case for the prosecution‚ the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge‚ or that it may return a verdict of not guilty.

Addressing the Randburg Magistrate's Court on Thursday‚ Buthelezi said the protection orders obtained by Titi and Patel in 2016 prohibited Ngwenya from engaging with Titi and Patel and going to the homes of Titi and Patel and to Titi's offices on Grayston Drive in Sandton. Buthelezi said the final protection order obtained by Titi and Patel did not apply to MRC Media premises as Ngwenya was a director there.

"In that respect‚ he has not breached the protection order. He (Ngwenya) had the right to be at MRC Media."

Buthelezi said the defence was perplexed as to which empowering legislation the prosecution had relied on to prefer the charge of crimen injuria against Ngwenya.

He also said a receptionist at MRC Media‚ who must have heard Ngwenya's utterances‚ had not been called to corroborate the version of Mabena‚ a single witness on the incident at the offices.

"It is not for the accused to stand on the box and supplement the case the state has failed to prove. The accused has to be discharged‚" Buthelezi said.

The application continues.

READ MORE: