State withdraws charges against two tender accused

CHARGES against Alicia Marcos, the personal assistant of Dr Gaston Savoi, and director of Skyros Health (Pty) Ltd and employee, Tracy Lee Dutton, have been withdrawn without reason by the state.

The charges of fraud, forgery and uttering and money laundering relate to the purchase of 16 dialysis machines by the Department of Health for hospitals in Gordonia, Kuruman, De Aar, Springbok, Postmasburg, Barkly West, Calvinia and Hartswater for R4 million in 2006.

They appeared along with co-accused Dr Gaston Savoi, his son, Rodrigo Savoi, the CEO of Skyros Health, and the former director of hospital revitalisation and supply chain management at the Department of Health, Sanjay Mittah, in the Northern Cape High Court on Friday.

The state alleges that the tender was awarded to Skyros Health at inflated prices, where gratifications were paid.

Meanwhile the former chief financial officer of Sol Plaatje Municipality, Nandi Madiba, was the only accused to object to another postponement in the Wataka case where six water purifiers were purchased but never installed in Ritchie.

The Sol Plaatje Municipality paid R2,7 million for the water purifiers and R411 756 for chemicals to Intaka Holdings (Pty) Ltd.

Madiba, who is representing herself in court, pointed out that she had “no idea” why she had to appear in court on Friday.

Her co-accused, former ANC Provincial chairman John Block, Dr Gaston Savoi the director of Intaka Holdings (Pty) Ltd, his colleague Fernando Praderi, the former Sol Plaatje mayor, Patrick Lenyibi, and the former Sol Plaatje municipal manager, Frank Mashilo, are facing charges of fraud and corruption.

Madiba stated that she had not been party to any court proceedings.

“I would not have come to court had I not been a law abiding citizen and risk facing the consequences of not appearing. The state could not explain to me why I had to be in court.”

She added that she was in the process of making an application to the Supreme Court of Appeal.

“The prosecution can be pressurised by its principles but the judiciary is obliged to be impartial and apply the law, irrespective of the position of the person.”

Madiba insisted that she was a victim of “character assassination”.

“My resources have been drained. I have to spend money to come here for a postponement that relates to a matter that is subjudice before the Supreme Court of Appeal.”

She believed that the allegations lacked clarity and compared herself to the Minister of Finance Pravin Gordhan, who was accused of contravening the Public Finance Management Act.

“If that is the case then the jails need to be extended because the entire country would be sitting in jail.”

Acting Judge Lawrence Lever advised Madiba that she, like any other accused, was expected to attend all court appearances.

“We cannot set a precedence where some accused are treated differently to others, where warrants of arrests are held over for certain accused and not for others.”

During a previous occasion state advocate Hannes Cloete had pointed out that court appearances do not occur on a monthly basis and the accused are only sum- moned before court if there is something concrete that must be discussed.

During the last court date in February, Lever had, upon the instruction of Northern Cape High Court Judge President, warned the accused against repeated absence from court appearances.

The state indicated that it was not able to proceed with setting a trial date in the Northern Cape until an application before the KwaZulu Natal High Court had been finalised.

The next date for this matter is November 28.

Lever pointed out that he was the presiding officer when Madiba brought an application for a permanent stay of prosecution before the Northern Cape High Court earlier this year.

“I ruled against the application after which the matter was taken upon appeal and heard before a full bench. The court of appeal also ruled against Madia who is now filing a petition to the Supreme Court of Appeal.”

He postponed both cases until February 24 2017 and cancelled the warrants that were issued for the accused who had not attended their last court appearance in February this year.