Africa-Press – South-Africa. Lawyers representing Nonhlanhla Mkhize, the director-general in the office of the KwaZulu-Natal premier, say they plan to file a misjoinder application in the case, which involves the alleged embezzlement of R37 million from the Umhlathuze Water Board.
A misjoinder refers to the improper inclusion of one or more parties in a legal matter.
Mkhize faces charges of intimidation, defeating the ends of justice and fraud.
She and her 14 co-accused appeared in the Durban Specialised Commercial Crimes Court on Thursday.
According to the State, Mkhize allegedly sent Siphiwe Mabaso, another accused, to the home of the water board chairperson, under “false utterances”, following the finalisation of a February 2022 report which implicated former CEO Mthokozisi Duze and prominent Durban attorney Ralph Mhlanga in tender fraud.
The chairperson was the only person of the entity in possession of the report at the time.
On Thursday, Mabaso allegedly threatened the chairperson and left her home with a copy of the report.
The State’s indictment in the matter states:
‘Minuscule’ charges
According to the State’s indictment, which News24 has seen, Duze allegedly used Mhlanga and his legal firm as a money laundering conduit.
Between 29 March 2019 and 14 October 2020, Mhlanga received more than R30 million from a “dubious” legal services tender.
Mhlanga allegedly used some of the money to build a mansion and channelled some of it to Duze’s benefactors.
Their co-accused include former chief financial officer Babongile Mnyandu, Mhlanga’s wife, Nofezile, former water board members, and Mhlanga’s former employees and contractors.
Mkhize’s lawyer, advocate Griffiths Madonsela, said the charges against Mkhize were “minuscule”, compared to the rest.
He added that there was no reason for the State to include her in the matter, which is set to move to the KwaZulu-Natal High Court in Durban from 6 November.
He said:
“Her name is only mentioned three times in the State’s 99-page indictment. The name of the person she allegedly intimidated is not even included in the witness list,” Madonsela said.
He claimed the matter would only serve to “drain her of financial resources” and “is not in the interest of justice”.
He then requested from the State a docket which detailed the case against his client.
He said it would help in filing the misjoinder application.
The State prosecutor, Reenai Ramouthar, said they were prepared to share the docket with Madonsela, provided that he followed “the necessary procedure in requesting it”.
She, however, added that they would not be able to adhere to Madonsela’s request to remove Mkhize from the case.
“The decision to charge Mkhize and others was made by the provincial Director of Public Prosecutions after careful consideration,” she said.
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