The state prosecutor, Johan de Nysschen, confirmed to Judge Cagney Musi that he indeed did receive notices of a complaint from Magashule’s legal counsel. 

According to the state's indictment against Magashule, he is among others charged with fraud, theft, corruption, money laundering.

It’s alleged Phikolomzi Ignatius Mpambani - through his company Diamond Hill Trading, which is accused number 5 - instructed payment of varying amounts to Magashule through his PA Moroadi Cholota. Magashule argues that there is no such charge as a "failure of oversight".  

“We have [filed] a notice in terms of 'oversight' [because] there is no such a charge and we are going to [file] some other notices. All of us have been ready,” he adds.

The State alleges that Magashule and others, including Olly Mlamleli, who was the former MEC for Human Settlements, were legally bound to comply with the stipulations in the Public Finance Management Act (PFMA), as well as the Treasury Regulations.

“The State further alleges that a legal duty existed, [in the cases of] accused 1, 2, 11, 12 and 13, to disclose deviations from and/or noncompliance with departmental prescripts, stipulations in the PFMA and Treasury regulations, and/or to disclose the personal and/or business relationship between themselves and accused 3 and/or Ignatius Mpambani and/or companies which they were involved in or owned,” the indictment reads. Magashule and 15 others are back in the Free State High Court again on 3 November 2021.

READ MORE: #AsbestosGate pre-trial postponed

Magashule also questioned the unavailability of the list of witnesses against him.

READ MORE: Where is the witness list, asks Magashule

According to section 34(1) of the Act, any person who holds a position of authority (defined in section 34(4) of the Act), who knows or ought reasonably to have known or suspected that any other person has committed an offence (of corruption) in terms of sections 3 to 16 or 20 to 21 of the Act or theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.

Section 34(2) of the Act provides that any person who fails to report such corrupt activities is guilty of an offence. The following are the people who must report:

•the Director-General or head, or equivalent officer, of a national or provincial department;

•in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

•any public officer in the Senior Management Service of a public body.

OFM News