Transnet consultancy corruption case postponed until September for possible setting of trial date

29 June 2023 - 11:35
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The accused In the Transnet fraud and corruption case in the dock on November 30 2022 in the Palm Ridge magistrate's court, south of Johannesburg. They include Anoj Singh (right) and Brian Molefe (second from right).
The accused In the Transnet fraud and corruption case in the dock on November 30 2022 in the Palm Ridge magistrate's court, south of Johannesburg. They include Anoj Singh (right) and Brian Molefe (second from right).
Image: Alaister Russell/The Sunday Times

The case against the accused in the R405m Transnet consultancy corruption case was postponed until September 28 when it resumed in the Johannesburg specialised commercial crimes court on Thursday. 

This date is for the possible setting of a trial date. 

Former Transnet executives Brian Molefe, Anoj Singh and Siyabonga Gama appeared alongside Regiments directors Niven Pillay and Litha Nyhonyha, former Transnet acting CFO Garry Pita, former group treasurer Phetolo Ramosebudi, Regiments Capital shareholder Eric Wood and his employee Daniel Roy, and Kuben Moodley, owner of Albatime. 

They are facing charges stemming from the locomotives transaction advisory tender which was awarded to the McKinsey-led consortium in 2012, resulting in the procurement of 1,064 locomotives worth more than R54bn. 

The former Transnet executives and their co-accused are charged with contravention of the Public Finance Management Act and fraud, while the other accused are charged with fraud, corruption and money laundering. 

While the other legal representatives agreed to the September 28 date, Kenny Oldwage, advocate for Gama, opposed it. 

He said when the matter was last before court in April, Gama’s legal team submitted lengthy correspondence to the state requesting a number of documents referenced in the police docket that were not provided to the defence.

“The state undertook to furnish that documentation well in advance of today’s date. The reason it ought to have been discovered before today is that we would then be able to be in a position to decide on the way forward,” Oldwage said. 

Oldwage said there had been discovery of certain documentation but not all.

“What the state does not tell you is that a further portion of documentation was uploaded to the system as late as last night. We have not had the opportunity to consider what this further documentation comprises. We are still not certain there has been full discovery,” Oldwage said. 

He requested a postponement to an earlier date to allow the defence team to peruse the documents provided by the state and indicate to the court the position Gama intended to take. 

The court postponed Gama’s case to August 3. On that date, Gama might also launch an application for the relaxation of his bail conditions. 

Roy will also apply for the relaxation of his bail conditions on July 18. 

 TimesLIVE

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