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NPA makes deadline to produce indictment against big fish for Transnet graft trial

NPA makes deadline to produce indictment against big fish for Transnet graft trial
Kuben Moodley, Eric Wood, Siyabonga Gama, Garry Pita, Daniel Roy, Phetolo Ramosebudi and other Transnet officials appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)

The National Prosecuting Authority has asked each accused in the Transnet criminal case to provide a two-terabyte-sized hard drive for access to the Regiments Capital server and other material in preparation for the trial.

The criminal case against several high-profile businessmen and former state owned-company executives linked to Transnet’s 1064 locomotive deal has been postponed to 30 November 2022. 

This comes after the National Prosecuting Authority (NPA) produced a draft indictment on Friday morning in which it set out more than 50 charges against Regiments Capital, owners Niven Pillay and Litha Nyhonyha and their former partner, Eric Wood of Trillian Capital Partners. 

Pillay, Nyhonyha and Wood face prosecution along with former Transnet bigwigs Brian Molefe, Anoj Singh, Siyabonga Gama, Phetolo Ramosebudi and Garry Pita. 

Former Transnet officials Phetolo Romesebudi, Niven Pillay and Litha Nyhonyha. (Photo: Gallo Images / OJ Koloti)

Garry Pita (Photo: Gallo Images / OJ Koloti)

Brian Molefe, Anoj Singh and other Transnet officials appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)

According to the draft charge sheet presented, McKinsey & Co officially faces two fraud charges in South Africa while former partner, Vikas Sagar, will have to battle a total of seven criminal charges relating to the global consulting firm’s work alongside Regiments Capital.

Sagar, who currently lives abroad, did not have a lawyer on record during proceedings at the Palm Ridge Specialised Commercial Crimes Court.

Individually the companies and each of the accused face charges ranging from fraud or theft, corruption, money laundering and Public Finance Management Act violations. 

Read in Daily Maverick: “‘We’ve got this,’ says NPA as 14 October deadline looms for Transnet indictment

The State’s submission of the draft charge sheet comes just more than a year after the first arrest in the case, that of businessman Kuben Moodley, who was nabbed when he tried to travel abroad in September 2021.

Phetolo Ramosebudi (Photo: Gallo Images / OJ Koloti)

Businessman Eric Wood appears at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)

McKinsey &Co representative Goitseone Mangope. (Photo: Gallo Images / OJ Koloti)

Anoj Singh former Transnet group chief financial officer appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)

While some of the defence lawyers bemoaned the delays caused by the NPA’s failure to produce a final charge sheet, the accused will now have an opportunity to obtain vital information about the case against them. 


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The State has asked that they provide external hard drives to allow them to copy and access such material, including the Regiments Capital server. 

It is unclear whether the server being referred to is part of the information stash that was originally obtained by the Transnet Second Defined Benefit Fund (TSDBF) in 2018. 

The court did not hear an update on the State’s efforts to locate and or secure the attendance of Salim Essa, Ashok Narayan or Sagar. 

There are arrest warrants out for the three. 

Meanwhile, there is much riding on this case. The NPA has a R1-billion restraint order over Regiments Capital assets and that case ultimately hinges on the successful prosecution of Regiments and/or its owners. DM

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Comments - Please in order to comment.

  • John Counihan says:

    What a dreadful band of bandits! Systemic, rampant corruption on a grand scale. And the treasonous thief Zuma who made it all possible still free as a bird (vulture?).

  • Cunningham Ngcukana says:

    It is good to see those who have been living large at the expense of taxpayers through massive corruption in critical state owned enterprises. However, it will be a very cheap strategy that those responsible for their deployment and those who gave them political cover to evade accountability and to act with impunity are not standing with them in the dock and the ANC as a beneficiary of the proceeds of crime is not brought to account or those who were in its leadership.
    These people did not act on their own and could not do what they did without political masters. We want to see former and current ministers indicted to actually believe that the country is dealing with the demon of corruption. Those who say they are renewing themselves need to confess they crimes and pay for them. Otherwise we will accuse the NPA itself of corruption and nitpicking.

  • Dennis Bailey says:

    How short a time does it take to wrecked to wreck an SEO, given this over-conducive corrupt ANC context.
    It will take half a decade to prove wrongdoing and another 3 decades to build what was torn apart.
    Shame on you ANC, and Ministers responsible.

  • Katharine Ambrose says:

    How long before they go where they belong.?We know they have the funds to support battalions of lawyers. A charge of treason would be suitable for these odious greedy people.

    • Malcolm McManus says:

      Criminal Lawyers should have to pay a significant fine for every corrupt official that they represent that is found to be guilty. The proceeds should come out of their own pockets for aiding and abetting criminals. Lawyers are rich because of crooks. If there where no crooks, there would be no criminal lawyers. Dumbdidiliass Mpofu would become bankrupt and part of an extinct species. There can be little doubt in a lawyers mind regarding the merits of their clients cases.

    • virginia crawford says:

      Agree – we do need charges that match the crime, namely sabotaging the country: economic terrorism?

  • Ryckard Blake says:

    I don’t see the names of Auswell “Tall Trains” Mashaba, Makhensa Mabunda or Daniel “Dokhthor” Mthimkhulu amongst those charged.
    Does the NPA’s missing an Oct 14 deadline mean the above and numerous others are going to get off scott-free?

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