SCA rules in state's favour in the Nulane case, orders retrial of all accused
The SCA on Thursday set aside the acquittal of six individual accused and two companies. It also ordered that the accused may be retried for the same offences as if they had not been previously arraigned, tried and acquitted, provided a different judge presides over the trial.
In 2023 five of the accused successfully applied for discharges while another was acquitted as acting judge Nompumelo Gusha ruled the state had failed to pass the tests for putting forward a prima facie case.
Former Free State agriculture department head Limakatso Moorosi, who did not apply for a discharge, was acquitted by Gusha, while her co-accused were discharged. They are:
Gupta associate Iqbal Sharma;
Peter Thabethe, former head of the Free State department of rural development;
Seipati Dhlamini, former provincial agriculture department CFO;
Dinesh Patel, Sharma's brother-in-law and a representative of Nulane;
Islandsite director Ronica Ragavan; and
Nulane Investment and Islandsite as entities.
The state charged Thabethe and Moorosi with contravening the Public Finance Management Act by allegedly committing the Free State agriculture and rural development department to a contract of R24.9m without following a tender process. The state also charged all eight accused of fraud.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
2 days ago
- The Citizen
SANEF slams ‘bribe' offered to journalist by suspended IDT boss
CEO Tebogo Malaka and spokesperson Phasha Makgolane brought R60k to a meeting with Pieter-Louis Myburgh, allegedly offering the cash to bury his investigation into an IDT contract. The South African National Editors Forum (Sanef) has condemned an alleged attempt to bribe Daily Maverick journalist Pieter-Louis Myburgh by suspended Independent Development Trust (IDT) CEO Tebogo Malaka and her spokesperson. On Wednesday, Daily Maverick released video footage of a meeting between Malaka, IDT spokesperson Phasha Makgolane, and Myburgh. Bribe Malaka and Makgolane allegedly offered Myburgh money to suppress an investigation into an IDT contract and one of Malaka's luxury properties in Waterfall, Gauteng. In the video released, Malaka can be heard pleading with the journalist to 'close the chapter' and didn't want Myburgh writing about it because she has kids and parents who are old and sickly. Dailymaverick video investigation Suspended IDT CEO Tebogo Malaka was caught on camera attempting to bribe a Daily Maverick journalist with R60,000 to halt an investigation into irregularities at the state-owned entity Minister of Public Works Dean Macpherson will address the… Read more MK calls on NCOP to intervene in troubled Madibeng August 6, 2025 ALSO READ: Macpherson breaks silence on IDT CEO Tebogo Malaka bribery attempt Shocking Sanef said it was especially shocking that Malaka was prepared to pay R60,000 up front for Myburgh to cease his investigation into an IDT contract and one of Malaka's upmarket properties. The forum said another 'sweetener' was when Makgolane told Myburgh that he could put forward his preferred suppliers for lucrative contracts and arrange a cut for himself. 'The lengths to which a public official went to cover up their wrongdoing were staggering. 'The apparent comfort and ease with which Makgolane arranged the meetings with Myburgh to brazenly discuss a bribe – a criminal act – suggests perhaps that this was not the first time this was done,' Sanef said. Credibility Sanef condemned the attempt to bribe Myburgh, as well as any attempt to bribe any journalist. 'This is a grave threat to the credibility of the news media in South Africa and cannot be tolerated. Saneg takes strong exception to any attempt to bribe journalists or cause them to halt their work. 'Sanef urges members of the public, as well as officials, who have knowledge or evidence of attempts or bribery incidents involving journalists, to come forward and report it by opening a case with the Saps and reporting it to Sanef as well.' Charges laid Minister of Public Works and Infrastructure Dean Macpherson has since laid criminal charges against Malaka and Makgolane. Macpherson accused them of corruption, bribery, collusion, breaches of fiduciary duties in terms of the Public Finance Management Act (PFMA) and charges relating to the Prevention and Combating of Corrupt Activities Act. ALSO READ: Macpherson suspends all EPWP funds to municipality
Daily Maverick
3 days ago
- Daily Maverick
‘Sick to my stomach' — Minister Macpherson lays criminal charges against suspended IDT CEO, spokesperson
Minister of Public Works and Infrastructure Dean Macpherson has laid criminal charges against suspended Independent Development Trust chief executive Tebogo Malaka and spokesperson Phasha Makgolane, vowing to 'win the war' after a brazen attempt to suppress a corruption investigation. Macpherson laid the charges on Thursday afternoon at Cape Town Central Police Station, a day after Daily Maverick published footage showing Malaka and Makgolane offering investigative journalist Pieter-Louis Myburgh R60,000 in cash to shut down a probe into corruption at the IDT. Earlier communications with Makgolane included offers of monthly R100,000 payments and even the opportunity to nominate contractors for lucrative tenders. 'It made me sick to my stomach and left me in disbelief,' Macpherson said about the footage. He emphasised his personal commitment to combating wrongdoing, saying he would 'personally open cases against those accused of criminality because I must lead from the front'. The charges include corruption, bribery, collusion and multiple breaches of fiduciary duties under the Public Finance Management Act. The affidavit cites sections 3, 4, 12, 13 and 20 of the Prevention and Combating of Corrupt Activities Act and calls for a broader investigation into other possible crimes stemming from the incident. Lerato Modisana, spokesperson for the IDT, said: 'As previously indicated, the IDT Board is actively considering the matters raised in the recent media coverage. We fully acknowledge the seriousness of these allegations and the heightened public interest they have generated. 'At this point in time, there are no additional developments we can share publicly. Once the Board has concluded its internal processes and is in a position to report on verified outcomes, a formal communication will be issued and we will ensure that all relevant stakeholders, including the media, are informed when the time is right.' Macpherson's affidavit calls for wide probe The minister describes the actions of Malaka and Makgolane as 'an assault on the institutional framework of government' and 'an attack on not only the free press but on our democracy'. In the affidavit, he states that the CEO and spokesperson acted 'in unison, both equally complicit in attempting to bribe Mr Myburgh, rig tender processes, commit corrupt activities and elicit payment for a favour'. He added that Makgolane, as the IDT spokesperson, had knowledge of the scheme but failed to disclose it, despite an obligation to do so. Hawks asked to step in The minister has formally requested that the case be transferred to the Hawks and treated with urgency. He also asked the police to investigate: Whether other journalists were similarly approached; The coordination of funding of a disinformation campaign to discredit himself, IDT board chairperson Zimbini Hill and his department; The use of fake news articles, fabricated voice notes and call logs, and bot-driven anonymous accounts to spread lies; The role of politically connected individuals and public commentators in amplifying this misinformation; and Any additional acts of corruption linked to attempts to silence the media and obstructive oversight. 'There is clearly a network of individuals in the IDT who guarantee outcomes in exchange for cash,' Macpherson said. Rot exposed The bribery attempt stems from Myburgh's investigation, published in October 2024, into a R836-million PSA oxygen plant tender. A PwC forensics report, released to the department and the Hawks last week (but not yet publicly available), confirmed that the IDT awarded contracts to unlicensed companies and recommended disciplinary action against Malaka for procurement irregularities, missing documentation and a deliberate disregard for the process. 'Under Ms Malaka's leadership, the IDT operated without the most basic governance and risk controls,' Macpherson said. 'The environment of impunity has now spilled beyond tenders into attempts to manipulate the media and obstruct public accountability.' The offer to Myburgh, giving him the option to nominate contractors for IDT tenders, spoke to how 'rotten' the supply chain process was in the IDT from start to finish. The minister noted that even before he assumed office he was aware of the 'serious and long-standing allegations surrounding the IDT'. He described it as 'an entity in crisis, a state institution meant to serve the public but instead consumed by dysfunction'. Fallout at the IDT The IDT board met last night to understand what processes will unfold with regards to the disciplinary case against Malaka. Macpherson detailed the conditions of her suspension, saying: 'There are conditions that were attached to her suspension. One of those was that she may not leave Gauteng without permission of the board and that she may not speak to anyone from the IDT. 'I think it's safe to assume that those two [conditions] may have already been violated by her being here (Cape Town) the day after with an official from the IDT.' The bribery attempt, involving Malaka and Makgolane, took place at a wine farm near Stellenbosch. Makgolane's position is 'peculiar', according to Macpherson, since he is personally contracted to the CEO, which complicates disciplinary action. Meanwhile, the newly appointed IDT board, tasked with cleaning up the embattled entity, has been instructed to audit all contracts issued under Malaka, trace the money flows and pursue anyone complicit in wrongdoing. Lifestyle audits of the executive are also under way, Macpherson said, adding a joke about the potential impact: 'I'm just worried there might not be many executives left by the time they finish.' He also revealed that one or two resignations have already been submitted from the department, 'from people who didn't want to commit to [the process]', implying a direct link between the audits and these departures. E-procurement systems were also being fast-tracked to curb manual interference in IDT tenders. The 'best sanitiser' In the wake of these events, Nicki Gules, head of news at News24 and a member of the South African National Editors' Forum, praised Myburgh's decision to go public on SAfm this morning. '[He] did what he could to protect himself, and he did the best thing. He made this public. The best sanitiser is daylight,' she said in the interview. She called the attempted bribe deeply troubling and not necessarily rare, and urged journalists to record any attempts to influence or bribe them. She also underlined the importance of adhering to the Press Code as the ethical roadmap for journalists: 'We cannot, I mean, certainly cannot take any inducements to stop an investigation of any sort.' Winning the 'war' Macpherson believes this case is not isolated and forms part of a larger scheme involving political networks, pointing to what he called a 'well-paid and well-organised' campaign to shield criminal actors from scrutiny and undermine institutional accountability. 'It is even more shameful that political parties such as ActionSA and the EFF helped to shield those accused of corruption by endorsing these false reports. South Africans should be demanding answers from them on how they benefited from this campaign,' Macpherson said. He specifically called out 'dubious reporting' by The Star newspaper and a discredited TimesLIVE opinion piece earlier this year, which was later retracted, as part of the disinformation offensive against reform efforts at the IDT. This afternoon (Thursday), ActionSA posted on X that it would host a discussion on TikTok LIVE at 7pm today, led by MP Mika Ngobeni, about the minister's 'offensive and racist remarks'. Despite facing what Macpherson describes as 'fierce resistance', he believes the tide is turning. 'We have the upper hand and we are winning the war against them.' He has urged the public not to look away from wrongdoing and to 'speak up and bring that information to us'. He committed to personally shielding journalists, whistle-blowers and honest officials who expose corruption.
TimesLIVE
3 days ago
- TimesLIVE
Macpherson charges IDT CEO Malaka, spokesperson over 'bribe'
Public works and infrastructure minister Dean Macpherson has laid criminal charges against suspended Independent Development Trust (IDT) CEO Tebogo Malaka and spokesperson Phasha Makgolane after their alleged attempt to bribe a journalist. The charges laid against the duo include corruption, bribery, collusion and breaches of fiduciary duties in terms of the Public Finance Management Act (PFMA). On Wednesday the Daily Maverick reported that the two allegedly offered its journalist R60,000 in cash on Sunday to suppress an investigation that the publication was working on. In an explosive exclusive report, Daily Maverick released damning video evidence showing Malaka — who was suspended on Friday in connection with alleged tender irregularities — and Makgolane allegedly offering the journalist R60,000 in cash to suppress an ongoing investigation into Malaka's private property dealings. The IDT board met on Wednesday to deliberate on the serious allegations.
