‘As much as the accused are entitled to a fair trial, they also have a right to have the matter finalised’

from the start. The accused were found to be directly linked, where there was non-compliance with the tender process.

“A steady stream of income was secured through the inevitable increase in the value of the buildings, such as the Du Toitspan and old Kimberlite hotel buildings. Profits were derived from the amounts paid by the state for the lease of the property. As a result of these corrupt leases procured by the defendants, they also secured added value to their properties.”

Van der Linde indicated that State witnesses had previously assessed that the net rental profits were in the region of R12 million, although this could not be proven due to the absence of relevant documentation.

Van der Linde explained that the “remarkable” escalation in the value of all these properties from the initial purchase price, compared to the selling price of the buildings, could not be attributed to ordinary fluctuations in the property market

“The increase in value had something to do with the leases that were added to the property. The entire proceeds of the leases should be confiscated. According to the State’s forensic expert, Trevor White, the long leases entered into with government departments and the sale of the buildings resulted in further benefits.”

He said that the State had de- cided not to pursue the prosecution of the additional Trifecta leases, which had not formed part of the trial, after their application to lead oral evidence had been denied.

Legal representative for Scholtz, Advocate Jaap Cilliers SC, believed that the State had not made reference to any direct evidence in their argument to confiscate his client’s assets.

“The properties as well as the