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#AsbestosGate: There was a flagrant breach of Treasury regulations - State

───   LUCKY NKUYANE 07:00 Tue, 22 Feb 2022

#AsbestosGate: There was a flagrant breach of Treasury regulations - State | News Article
PHOTO: Katleho Morapela

The State has dismissed arguments of three of the accused about the evidence in the civil litigation playing out in the Free State High Court regarding the failed R255 million asbestos project.

On Monday, the civil litigation between the State and the four accused - including suspended ANC Secretary-General (SG) Ace Magashule, former Head of the Department of Human Settlements (HOD), Nthimotse Mokhesi, former Director General (DG), and businessman Edwin Sodi - started.

Adv. Nazeer Cassim (SC), representing the State, argued that there was a flagrant breach of Treasury regulations when awarding the controversial multimillion project, which was said to eradicate the asbestos roofs of 30 000 households across the province in 2014. Cassim told Judge Soma Naidoo that the Free State Department of Human Settlements in 2014 wrongfully piggybacked on a Gauteng contract without the approval of Treasury. Cassim said several regulations, including the Public Finance Management Act (PFMA), amongst others, were deliberately flouted by the accused in the case. The civil case continues on Tuesday for further arguments.

Cassim added three of the accused have failed to explain why proper channels in the asbestos project were never followed. This as the defense of the three accused argued that the State was only relying on the State Capture Commission. Adv. Christo Meiring, Adv. Laurence Hodes (SC), and Adv. Solly Maakane (SC) all claims that the accused were arrested merely weeks after testifying at the State Capture Commission.

READ MORE: #AsbestosGate: Civil case adjourned for Tuesday

The asbestos criminal case, where the suspects are facing charges ranging from fraud, corruption, and money laundering, was postponed. Judge Naidoo postponed the pre-trial proceedings to 10 June 2022 after a brief appearance by the suspects. The postponement was to make way for the civil litigation brought by the four accused in the matter.  

The accused, in this case, includes Limpopo businessman, Edwin Sodi; former Mangaung Metro Mayor, Olly Mlamleli; the former head of the Free State Department of Human Settlements, Nthimotse Mokhesi; the Director for Supply Chain Management at Human Settlements, Mahlomola John Matlakala; a businessman residing in Johannesburg, Sello Joseph Radebe; a Pretoria businessman, Abel Kgotso Manyeki; the former Director-General for the National Department of Human Settlements, Thabane Wiseman Zulu; and Albertus Venter, who occupied a role in the Free State Premier’s office.

#BreakingNews: Olly Mlamleli arrested

It’s alleged Sodi was irregularly awarded the housing audit tender via his joint venture with Diamond Hill Trading - owned by murdered Welkom businessman, Igo Mpambani - by the Free State Human Settlements Department in 2014. Not only was the tender irregular but it is reported that kickbacks were given to some of the accused.

The implicated group is facing more than 70 counts of fraud, theft, attempted theft, corruption, and money laundering. Following their arrests, the suspects were released on bail of R50 000 to R500 000.


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