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BASED EXCLUSIVELY ON PUBLICALLY AVAILABLE INFORMATION (Please note that several investigations are on-going into the referrals from the Commission, and that what is reported below is only what can be released to the public without prejudicing the investigations or the rights of the persons under investigation.)
The current status of arrests / accused persons on court in relation to the referrals from the State Capture Commission is as follows:
As at August 2023
The current status of arrests / accused persons on court in relation to the referrals from the State Capture Commission is as follows:
65 persons (43 natural persons, 22 companies) are facing charges in on-going court cases court arising from the Commission’s recommendations. Two convictions have been secured to date. The accused are as follows:
In relation to Transnet Transaction Advisory Contract (Please refer to relevant recommendations in the State Capture Commission’s Report: Part VI, Vol IV; pages 28-29, 35-36)
1.
Kubentheran Moodley
2.
Eric Wood
3.
Siyabonga Gama
4.
Garry Pita
5.
Daniel Roy
6.
Phetolo Ramosebudi
7.
Magandheran “Niven” Pillay
8.
Litha Mveliso Nyhonhya
9.
Brian Molefe
10.
Anoj Singh
11.
Salim Essa
12.
Ashok Narayan
13.
Vikas Sagar
14.
Regiments Capital (Pty) Ltd
15.
McKinsey And Company
16.
Trillian Asset Management (Pty) Ltd
17.
Trillian Capital Partners (Pty) Ltd
18.
Albatime (Pty) Ltd
Related to the Bosasa matter (Please refer to relevant recommendations in the State Capture Commission’s Report: Part VI, Vol IV; pages 46-50, 53, 55-56, 59, 77, 362)
19.
Angelo Agrizzi
20.
Linda Morris Mti
21.
Patrick O Connel Gillingham
22.
Andries Johannes Van Tonder
23.
Vincent Smith
24.
Desmond Nair
Related to Estina and Vrede Diary Project (Please refer to relevant recommendations in the State Capture Commission’s Report: Part VI, Vol I; pages 190, 201)
25.
Mbana Peter Thabethe
26.
Seipaiti Silvia Dhlamini
27.
Takisi Jankie Masiteng
28.
Kamal Vasram
29.
Estina (Pty) Ltd
30.
Mosebenzi Zwane
31.
Ronica Ragavan
32.
Ugeshni Naidoo (Née Govender
33.
Sahara Computers (Pty) Ltd
34.
Aerohaven Trading (Pty) Ltd
35.
Oakbay Investments (Pty) Ltd
36.
Linkway Trading (Pty) Ltd
37.
Islandsite Investments 180 (Pty) Ltd
38.
Westdawn Investments (Pty) Ltd
39.
Mabengela Investments (Pty) Ltd
40.
Confident Concept (Pty) Ltd
Related to SA Express and North West Department of Transport and Community Safety (Please refer to relevant recommendations in the State Capture Commission’s Report: Part I, Vol I; page 421)
41.
Brian Tebogo Van Wyk
42.
Nothando Dube
43.
Sipho Levy Phiri
44.
Thabong Bailey Mahlakoleng
45.
Batsamai Investments Holdings (Pty) Ltd (“Batsamai”)
46.
Servilex Investments Holdings Cc (“Servilex”) A Close Corporation With Registration
47.
Lavao Estavao (Pty) Ltd (“Lavao Estavao”)
Related to Free State Department of Human Settlements (Free State Asbestos Project) (Please refer to relevant recommendations in the State Capture Commission’s Report: Part VI, Vol IV; pages 87-93)
48.
Nthimotse Mokhesi
49.
Mahlomola John Matlakala
50.
Pheagane Edwin Sodi
51.
Sello Joseph Radebe
52.
Abel Kgotso Manyeki
53.
Thabane Wiseman Zulu
54.
Sarah Matawana Mlamleli
55.
Elias Sekgobela Magashule
56.
Nozipho Belina Molikoe
57.
Thabiso Makepe
58.
Albertus Venter
59.
BlackHead Consulting (Pty) Ltd
60.
Diamond Hill Trading 71 (Pty) Ltd
61.
605 Consulting Solutions (Pty)Ltd
62.
Mastertrade 232 (Pty) Ltd
63.
ORI Group (Pty)Ltd
64.
Moroadi Cholota
Related to PRASA
65. Auswell Mashaba (Refusal to comply with subpoena of the Commission)
Guilty findings and Convictions
1.
Free State Housing Project - Moses Mpho Mokoena
Synopsis of the case - Prosecution by the National Prosecuting Authority of Mr Moses Mpho Mokoena who was the Head of the Department of Human Settlements in Free State in 2010 and early in 2011, for contravention of the Public Finance Management Act, 1 of the 1999 as amended and contravention of Section 34 of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (PRECCA).
Outcome - The accused was convicted on one count for contravention of the PFMA and one count for contravention of section 34 of PRECCA He was sentenced to 10 years imprisonment suspended for five years on count 1, and 5 years imprisonment suspended for 5 years on count 2.
2.
Disclosure of Witness X identity by Ms. Duduzile Myeni
Synopsis of the case: Prosecution of Ms. Myeni for her disclosure of Mr X’s identity during her testimony in the State Capture Commission.
Outcome: The accused was convicted and sentenced to pay a fine of one hundred and twenty thousand rands (R120 000) or two years imprisonment, half of which was suspended for five years.