DA wins court appeal to get details on Amigos trial
KWAZULU-Natal prosecutions chief Moipone Noko is now under judicial instruction to release details of why she withdrew racketeering, fraud, corruption and money laundering charges against ANC heavyweights Mike Mabuyakhulu and Peggy Nkonyeni in the so-called Amigos trial.
Pietermaritzburg High Court Judge Rashid Vahed yesterday gave her 15 working days to provide the record of her decision to the DA to enable the party to decide whether there are grounds to launch further court action to have it reviewed and set aside.
While the ruling is the first step in what could end in a reinstatement of the charges, it could be taken on appeal.
Noko said yesterday she had not yet received the judgment but on receipt would “ascertain what is required and respond accordingly”.
Mabuyakhulu and Nkonyeni didn’t respond to requests for comment.
Judge Vahed’s judgment entrenches the rights of opposition political parties to seek relief in courts in the public interest, especially in matters involving the National Prosecuting Authority, where there are inferences of possible favouritism.
The DA approached the court in 2013, claiming a right of access the information after Noko denied their request, saying “the records contain representations which are confidential”. She would only disclose that the charges were withdrawn “due to lack of prospects of a successful prosecution”.
Mabuyakhulu, who was the local government MEC, and Nkonyeni, who was the health MEC at the time, were charged along with 21 others in a case which involved the award of contracts to Intaka Investments, a company headed by billionaire Gaston Savoi.
One of the claims was that Savoi made a R1 million “donation” to the ANC to secure the contracts. Savoi and others are facing charges and will reappear in court next year.
In 2012, Noko, who was then the acting provincial head of public prosecutions, controversially withdrew charges against the two ANC politi- cians and seven others.
Dealing with the merits, the judge said the politicians did not raise any objections to the Promotion of Access to Information Act application other than “it was an extension of mud slinging” and “abuse of the court process brought with an ulterior motive”.
“Motive is irrelevant,” Judge Vahed said.
He said a decision regarding the release of information was not for the politicians to make and they had not provided proper reasons why they supported Noko’s refusal.
He said this refusal was based on confidentiality and privilege stemming from Nkonyeni’s representations to the minister of justice, who had passed them to Noko via the then acting national prosecutions boss, Nomgcobo Jiba.
The judge found favour with the submission by the DA that information pertaining to the decision to withdraw charges could not be protected by privilege because it must be exculpatory of the two politicians, helpful to their defence and incriminating of other accused.