Defense lawyers for former Premier’s office head Dr Nonhlanhla Mkhize seek to dismiss corruption charges, arguing the state’s renewed investigation remains incomplete.

The accused in the matter face 164 charges including corruption, fraud, theft, intimidation and obstructing the course of justice.

The matter that has been faced with pre-trial conference (PTC) delays and was expected to go ahead on Thursday morning. However, the defence told the court that it had received new information from the State and argued that the matter is far from being trial-ready. 

Advocate Jimmy Howse SC representing the former CEO of Mhlathuze Water, Mthokozisi Duze, told the court that last month they received two terabytes of USBs, which contained further investigations that were done by the State, 42 affidavits, and a report. He further stated that each document consisted of thousands of pages. The senior counsel also stated that they received an updated list of witnesses. 

“So the primary issue is that the defence could not have prepared for this pre-trial conference, let alone the first session of the trial,” Howse said. 

Additionally, Howse said there was no explanation from the State regarding the further extensive investigation. He said there was no way the PTC was going to be able to carry on. 

Advocate Paul Jorgensen representing the fifth accused Sithembelo Mhlanga and four others said the State has failed to be honest. 

“The state did not inform this court about the terabytes coming. Now we have more documentation. We could never be trial-ready,” Jorgensen argued. 

He revealed that there was a new investigation regarding this matter and that it was no longer being conducted by the forensic company that initially investigated this matter, which led to arrests. 

“The complainant has changed. There is a new official complainant in the matter now,” he said. 

Jorgensen said the State has never placed on record that there was an investigation that started earlier this year. 

“Did they tell you that there was this whole investigation going on?” Jorgensen asked the court. 

He questioned why the State would start another investigation if they were confident with the first one and even made arrests. He asked for the matter to be struck off the roll in terms of section 342 A of the Criminal Procedure Act.

Advocate Jay Naidoo SC representing Babongile Mnyandu and another said Jorgensen’s notice for the matter to be struck off the roll served all the defence counsels in the matter. “My lady, clearly the arrest of the accused was premature,” he said.

Advocate Zandile Mshololo representing Dr. Mkhize said the record would speak for itself of the ongoing issues the case has faced. She stated that they still had to go through all the documents. 

Judge Jacqueline Henriques asked the State to give her a reason why the matter should not be struck off the roll. She asked the state prosecutor, Mzwamadoda Mnyani, if what the defence is saying is true. 

As Mnyani tried to explain himself, Judge Henriques told him to answer her questions. 

“Yes, my lady, it is correct,” he replied.

The judge asked Mnyani if the indictment needed to be amended, and he said there may be amendments to the charges. “Do you anticipate any further discovery in this matter?” Judge Henriques asked.

Mnyani stated that there was a single document he anticipated would be disclosed on Thursday.

“It seems to me that there are additional things needed for your house to get in order,” the Judge said. 

However, Mnyani tried to insist that the matter was 99% trial-ready. In the end, it was agreed that the defence would file a formal application for the matter to be struck off the role. The court will hear the arguments and ultimately make its decision later in November. 

nomonde.zondi@inl.co.za

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