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ZIWAPHI • VOL 4 NO 6 • 26 MARCH - 8 APRIL 2010

NELSPRUIT

Former Mpumalanga director-general Advocate Stanley Soko and axed chief executive of the then Mpumalanga Economic Empowerment Corporation Ernest Khosa applied for their case to be dismissed in the Nelspruit Regional Court on Thursday.

The men are accused of soliciting a bribe of R1-million each from Rainbow Kwanda Communications in return for helping the company to win a R30-million tender to handle Mpumalanga province’s marketing and branding in 2003.

They have pleaded not guilty to charges of corruption, fraud and contravening the Finance Management Act.

On Thursday, Advocate Gys Rautenbach told Magistrate Naomi Engelbrecht that no evidence has been brought before the court that indicated a corrupt deal was reached between Rainbow Kwanda director Kedibone Mashamaite and the accused.

He said there was “not a shred of evidence” that Khosa had accepted any money from Mashamaite in return for the tender.

“Even Mashamaite testified he was shocked to learn that he owed them something, which means there was no corrupt deal reached ... Corruption against Khosa cannot be proved,” Rautenbach said.

He said Soko, who had the power to authorise payments, did not make an “upfront payment” of R3.6-million to Mashamaite but that it was paid for services rendered.

“There’s no evidence it was irregular expenditure. Nothing proves he had interest implications when the amount was paid. He is also entitled to a discharge,” said Rautenbach.

But state prosecutor Riegal du Toit disputed the application for the dismissal, saying evidence proved that the men had agreed to get R1-million each from Mashamaite.

“Mashamaite testified he had contact with Khosa over the phone and was later informed the tender was awarded to him. He said when they met at Khosa’s house to celebrate getting the tender, he knew he had to pay them something but was shocked to hear they demanded R1-million each.”

He said the argument over the application was wrong and misleading and that none of the evidence given by witnesses was disputed by the accused.

“Payments [of R3.6-million] for the tender were made on a fictitious invoice and it was fruitless and wasteful because it was based on work not done. The accused also did not contest evidence that they wanted the money to be paid within four days. What has been presented before court against the accused cannot grant them a discharge. Their application should be dismissed.”

Engelbrecht postponed the case to April 28 for ruling on the application. _Soko is out on bail of R20 000 while Khosa’s bail is R50 000.