Ernest Khoza loses court bid to challenge Outa's corruption report
Image: Supplied
Ernest Khoza, former chairperson of the National Student Financial Aid Scheme (Nsfas), has lost his bid to challenge the Organisation Undoing Tax Abuse (Outa) over a report implicating him in corruption.
The Johannesburg High Court dismissed his application to have the report removed from Outa's website.
It was Khoza's second attempt after he wrote to Outa, through his attorneys, demanding the removal of the report shortly after it was published last year.
The report, which was published in January 2024, exposed how Khoza and former Higher Education Minister, Blade Nzimande, defrauded Nsfas through kickbacks from service providers.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
Khoza did not respond to calls and messages.
Khoza argued that Outa was no mere private party, and that the default common law position did not apply to it.
Among others, he stated his argument as: In publishing its investigation reports, Outa reaches a wide audience, and therefore acts as a quasi-media organisation, and attracts similar duties to the recognised media, in particular the duty to allow implicated parties prior notice and an opportunity to comment, prior to publication.
However, in its answering affidavit, Outa described itself as a non-profit civil action organisation supported and publicly funded by ordinary South Africans.
Its mission includes challenging and taking action against maladministration and corruption, and, where possible, holding those responsible to account.
The organisation added that as part of its work, it has investigated alleged maladministration in the administration of publicly funded bursaries and student accommodation by the Department of Education and Nsfas, the government-funded bursary and loan organization.
'Outa received recordings of a telephone conversation purportedly involving the applicant, duly investigated, and in January 2024, it published the article and impugned report,' read the papers.
Outa added that the report contains accurate quotes from the recordings, and that it is truthful and has been published in the public interest.
The court said the investigation did not determine anything, adding that it made prima facie findings of fact and provided them to the relevant authorities with recommendations on further action.
'None of the findings or recommendations contained in Outa's report are binding on anyone, and the police and National Prosecuting Authority will decide independently whether to investigate Outa's complaints or to prosecute anyone accused by Outa of wrongdoing,' read the judgment, which added that the organisation performs investigations and makes recommendations in its capacity as a private actor.
Reflecting on the outcome, Outa's executive director of accountability, Advocate Stefanie Fick, said this judgment reinforces the principle that private actors, even those acting in the public interest, are not bound by the same procedural obligations as public entities.
Fick said the judgment also protects the ability of civil society organisations to expose corruption without undue interference, while preserving the common-law remedies available to individuals who feel aggrieved by such publications.
Get your news on the go, click here to join the Cape Argus News WhatsApp channel.
Cape Argus
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
9 minutes ago
- IOL News
Trial of Lusikisiki massacre accused begins today
Three men, arrested in connection with the Lusikisiki mass murders. Image: NPA The long-awaited trial of six men accused of one of South Africa's deadliest mass killings begins on Monday, at the Lusikisiki Magistrate's Court. The case will be heard under a special sitting of the Eastern Cape Division of the High Court. The trial follows the shocking massacre on September 28, 2024, when 18 people were shot and killed at two neighbouring homes in Ngobozana Village, near Lusikisiki. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The accused, Mzukisi Ndamase, Siphosoxolo Myekethe, Aphiwe 'AP' Ndende, Bonga Hintsa, Mawethu Nomdlembu, and Songezo Vuma, face serious charges, including 18 counts of murder, conspiracy to commit murder, kidnapping, and robbery. The National Prosecuting Authority says the trial is expected to run for 3 weeks until September 19 2025. All six men remain in custody. One of them, Ndamase, who is already serving a life sentence, is believed to have planned the attack from prison and will represent himself in court. IOL News
IOL News
an hour ago
- IOL News
This retired couple is making up for a lifetime of missed holidays
Chitlada Apisukh and Vichit Apisukh enjoy bowls of fish ball noodle soup at a local restaurant in Na Jomtien, Thailand. Image: Lanna Apisukh/The Washington Post Chitlada and Vichit Apisukh never took a vacation. Not when the young Thai immigrants met and married in Hawaii nearly 55 years ago. Not when they moved to Florida to start a family and open a restaurant north of Orlando. Not when they travelled around half the country, Japan and Thailand to support their children's athletic ambitions. Only after selling their business and emptying their nest did the Apisukhs finally take a trip for themselves. Now they can't stop. 'Life is about moving and seeing new things,' said Chitlada, the matriarch of the family, which includes daughter Lanna and son Jade. 'You have to get up and go while you can, because you never know when your last day is.' The retired couple rode along the St. John's River in Florida. Image: Lanna Apisukh/ The Washington Post Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ While many friends in their peer group are slowing down, Chitlada, 76, and Vichit, 82, are speeding up. Since retiring in 2012, they have visited multiple states, national parks (Yellowstone, Grand Canyon, Mount Rushmore), New York City, Niagara Falls (both sides), Austin (for barbeque), the Pacific Northwest, Vietnam and Thailand. Their unbridled enthusiasm for new experiences and jaunty spirit inspired Lanna, a Brooklyn-based photographer, to document her parents on holiday. For her project 'Permanent Vacation,' she has photographed them braving Niagara Falls in Ontario; slurping down fish ball noodle soup in Na Jomtien, Thailand; scouting for alligators on an airboat in Lake Jesup, Florida; and chilling with their gadgets on a New York City hotel bed. 'I'm so proud of them. They worked so hard to get to where they are, and they really deserve this retirement lifestyle,' Lanna said. 'It's like a new chapter - they've been revived.' For most of their lives, the Apisukhs were tight on time and money. During her childhood in Bangkok, Chitlada, the firstborn daughter of Chinese parents, said her mother would give her 20 baht, less than a dollar, to cook breakfast and dinner for the brood of seven. A relaxing pool in Na Jomtien, Thailand. MUST CREDIT: Image: Lanna Apisukh/For The Washington Post At their restaurant, Thai Delight, Chitlada was the sole cook for more than 20 years. Vichit worked the front of the house, taking orders, serving the food, refilling water glasses, clearing the tables and even mowing the lawn to save $100 (R1 800) on rent. On Sunday, their one day off, the family would drive to Chinatown in downtown Orlando to purchase ingredients and other supplies for the week. When they weren't cheering on Jade at soccer games or Lanna at elite gymnastic competitions in the US and abroad, the Apisukhs would search for free family activities close to home. 'We'd always go to places with no admission, like the beach, or do things that didn't cost any money, like fireworks,' Chitlada said. As retirees on a fixed income, they still adhere to a strict budget, but they never skimp on their favourite activity. 'Number one is eating,' Chitlada said. Both adventurous eaters, they will try the local specialties, such as New York pizza, and sample dishes in different Chinatowns. In Bangkok, they will eat their way through the night markets, forgoing sleep for food. They are always up for a hotel breakfast. To stay fit, the couple bike, swim in hotel pools and larger bodies of water, and walk around malls, often logging 7 000 to 9 000 steps in one outing. 'Thailand is very, very hot. You can't be walking outside too long,' Chitlada said. 'Mall walking is our exercise.' They have not yet chosen the next destination on their permanent vacation. Maybe Alaska, possibly Western Europe. They finally have the time. 'Now I'm retired, and I want to go places and see things. I can't slow down,' Chitlada said. 'I often tell [Vichit], we better go now before you have to hold a cane.'
IOL News
2 hours ago
- IOL News
Limpopo man purchased R1. 3 million Ford Ranger Raptor with fake payslips, and vanished
Police said in April 2023, the accused man applied for motor vehicle finance at WesBank to purchase a Ford Ranger Raptor valued at over R1.3 million, and his application was approved. Image: File The Directorate for Priority Crime Investigation, also known as the Hawks, has arrested a 27-year-old Limpopo man for fraud after he allegedly acquired a top-of-the-range Ford Raptor fraudulently. The 27-year-old man who cannot be identified until he appears in court was nabbed by the Hawks' serious commercial crime investigation unit and the Sekhukhune tracing team at Groblersdal in Limpopo. 'It is alleged that during April 2023, the accused applied for motor vehicle finance at WesBank to purchase a Ford Ranger Raptor valued at over R1.3 million. 'The accused allegedly attached the bank statement and the employer's payslip as requested,' said Warrant Officer Lethunya Mmuroa, spokesperson for the Hawks in Limpopo. 'The application was processed and approved.' The dealership then contacted the 27-year-old man and notified him that his application had been successful. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'He went to the dealership in Polokwane to collect the car, accompanied by two men who are also suspects,' said Mmuroa. As days went by, the 27-year-old man failed to make the monthly installments for the vehicle. The bank tried to contact him without success. 'WesBank conducted a forensic audit and noticed that the accused used fraudulent documents during his application. The matter was reported to the Hawks' serious commercial crime investigation in Polokwane for assistance,' said Mmuroa. Investigations were conducted by the Hawks, which led to the arrest of the first accused person in the matter in January 2024. 'Further investigations revealed that the arrested suspect, aged 27, assisted the accused to defraud and collect the vehicle from the dealership,' said Mmuroa. 'The suspect is expected to appear before the Specialised Commercial Crimes Court, sitting in Polokwane, on 28 July 2025.' Meanwhile, provincial head of the Hawks in Limpopo, Major General Gopz Govender has welcomed the arrest of the suspect. A Limpopo woman, Thandaza Lubisi was arrested for allegedly using fake documents to get her Hyundai Atos financed by a car dealership in Tzaneen. Image: File In 2023, IOL reported that a Limpopo woman, aged 22, was sentenced to pay R10 000 or spend two years in jail after she used fraudulent documents to buy a Hyundai Atos. At the time, Hawks in Limpopo, Lieutenant-Colonel Matimba Maluleke said the Hyundai Atos valued at over R340 000 was financed by Wesbank in 2022. 'Miranda Thandaza Lubisi was sentenced for fraud by the Polokwane Specialised Commercial Crimes Court on 12 May, 2023,' Matimba said. 'On 16 September, 2022, the accused visited a vehicle dealership in Tzaneen and showed interest in a Hyundai Atos valued at R346 122. The accused was assisted by the salesperson at the dealership to apply for vehicle finance that was later approved by Wesbank.' Maluleke said the vehicle was delivered to Lubisi. 'After a few months, the bank was audited and it was discovered that the accused used fraudulent documents to apply for vehicle finance. The case of fraud was opened at Tzaneen police station and transferred to the Hawks' serious commercial crime investigation unit for further handling,' he said. A thorough investigation was conducted, and consequently, the accused was arrested and charged with fraud. After a few court appearances, she was granted bail until she was convicted and sentenced to pay R10 000 or two years' imprisonment,' Maluleke said. 'She was further sentenced to five years imprisonment which is suspended for five years on condition that she does not commit similar offences during the suspension period.' IOL News
