Senior public officials can be held criminally accountable for failing to act on known irregularities in government contracts, even when they are not the direct beneficiaries of the corruption; this case demonstrates how the Public Finance Management Act (PFMA) can be contravened by officials who ignore or fail to investigate financial irregularities in contracts awarded to their departments.
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New information on R360m SAPS tender caseAdded:
Correct Michelle. A very quick court appearance. But as we heard there, accused number 17 is now funny Masimula in this uh high-profile corruption case involving the 360 million rand tender awarded to Busimus Matala's company. I'm speaking to Kaiser. It was a quick one, but an update from your side if you will in that as to the proceedings today.
What are we expecting now that Masmbula has joined the accused? uh and I understand that we now have a further indictment and a new charge sheet that has been presented to the magistrate.
>> No, thank you very much. Uh today was was a very short appearance and obviously the the addition of Masimola into the the the group. Therefore, it is purely made because it is one case. It's one matter. Therefore, there's no any other reason why it was made. And then as you might have heard everybody agreed to to it even including the lawyer for the matter is now going to happen in the 26th of June and we hope that we will be done with everything that we needed to do as our prosecutor indicated that there were new there was new information that that they got and they need to verify that and make sure that even the financial analysis is finalized.
Therefore we are hopeful by that time we will have finalized all of that. And on this new information, we also heard about the two companies involved in this matter, Medicaid 24 as well. Uh as well as going through certain financial statements as well as bank statements.
Talk to us a little bit about how the investigations are going uh and the weight um essentially of this case on the accused.
>> Well, the investigation is going on very well. Obviously, h sometimes there are hiccups with when we have to get the the bank statements and now we we've got that. We will analyze all of that and then make sure that when we come here we have augmented whatever is in our pocket so that we can proceed with the matter.
>> Yeah. And uh and what I wanted to also bring up was the issue of masimula. We understand that last time when he appeared before the court it was really contravening the public finance management act. But talk to us about the weight of that um and why as well he is one of the accused in this matter. When one says that it seems as though it's a slap on the wrist, but talk to us about how did he in his role as an accountability figure fail essentially to do what he was supposed to do in his role in terms of picking up the irregularities in this contract and acting on those irregularities.
>> Yeah, it is a very difficult one because the matter is now before the court.
Therefore, if we start getting into the merits of it, it will be problematic. It is best for us to just say yes the charges are still the same controvention of PFMA. Therefore, we will then present the matters when the case resumes and then he'll have to answer for his part in this whole thing. Therefore, that's where I can h indicate because if I start getting into it, then there's going to be analysis all over everybody wanting to to be lawyers and then and then wanting to analyze the information.
And of course in your capacity as NPA there are also several other matters that are before the courts today uh particularly that in Bumalanga involving Joyce Joy uh Siboni. There are also uh others in the Boxburg. Uh just talk to us a little bit about the cases and it really is uh a shocking and extraordinary moment for South Africa.
We're witnessing uh all of these matters particularly of that of a senior officials involved as well.
>> Yeah. know we today is a very busy day for our courts. Over and above the usual matters that appear in court, there are four high-profile cases. There's this one and then there's another one with inqua Fontaine where the taxi balls is appearing together with the three two others. And then we've got the matter of Mr. Julius Muanazi which is happening in BBback. They are returning to court today. And then in Pinetown we are having the matter of um the the leader of the Kalat party there who is also appearing again today. There it's a busy day today. I must rush to some of those matters also.
>> All right. Well, thank you very much Kaiser Kany there from the NPA speaking to us about the latest developments in this matter. Uh all of the accused returning back on the 26th of June. This is of course to allow for further investigations as we heard from the NPA uh that following consultations with the accused number one that's busy Matla.
More details have been revealed there's also a wait from the bank's side uh to go through financial statements but also to allow the state to essentially furnish uh the accused with the full disclosure of this matter. And this is exactly the case that the state has built up against the accused. And speaking as well on today, the first time Masimula is joining the dog in this matter with the accused and all of them really uh standing there uh and having to take responsibility and accountability, charges of fraud, corruption, money laundering, bribery, colluding uh as well that was involved in this matter. And again, the buck ultimately stopping with the suspended National Police Commissioner Fi Masimula who uh was told repeatedly about irregularities that were picked up in the SAP's contract uh but seemingly failed to act and this is why he's contravened the personal the finance management act in this matter and so we'll of course be tracking this as it comes back into court on the 26th of June. The song.
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