Defence attorney Advocate Kenny Oldwage says the 40-year-old Kenosi Thubisi, who has been on the stand for two days, has deliberately lied on his affidavit. The sixth witness in the corruption, fraud, and money laundering trial, has failed to give a detailed account on key details related to his affidavit. 

Thubisi, who is currently employed at the Department of Agriculture in the Supply Chain Management unit housed at Glen College at Bloemfomtein, has denied assertions that he is telling a tale to try and sway the testimony in his favour.  

Thubisi addmited to signing and processing documents related to payments of millions of rands to the notorious Gupta Associate Iqbal Sharma's Nulane Investments company.

Nulane received millions of rands from the department during 2011 and 2012, in a project selected by the department called Mohuma Mobung.

On Monday 31 January 2023, at a late stage in his testimony, Thubisi broke down when he  failed to control his emotions During cross-examination. Thubisi, who was only appointed in 2012, told Judge Nompumelelo Gusha that a senior official at the department of agriculture's supply chain management, identified as Ntate Mofokeng, asked him to process and sign documents relating to a fee of R5 million to Nulane, despite it not being his competency.  

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A nervous-looking Thubisi told Judge Gusha that he was asked to do so on the day a person or another official relevant to the job was absent. Thubisi admitted to completing some of the forms. Whilst giving testimony, the court had to adjourn for an early lunch to give Thubisi a moment to compose himself.

This morning, Tuesday 31 January 2023 , the court again adjourned to allow Thubisi to bring the necessary documentation asked by Advocate Oldwage to court but he failed to do so.

Judge Gusha then excused Thubsisi from giving testimony for today but he was warned to come and further testify on Wednesday 1 February 2023.

The trial is now proceeding with Nqheko Josheph Moloi. He is testifying about the two methods of payments, including Sundry and Logisheet, which has been at the centre of the debate in the court trial. Eight suspects - including Peter Mbana Thabethe, Seipati Dhlamini, and Limakatso Moorosi – allowed an illegal upfront payment of R12 million with no proper documents.

They are said to have deviated from the normal payment processes in the Nulane case.

It's also alleged that the department later paid the rest of the money, amounting to R24.9 million, for a feasibility study.

So far the state has called seven witnesses to the stand.

They have denied any wrong doing whilst giving testimony in the High Court.

Other suspects includes Denish Patel, accused number 7, Island Investments One Hundred and Eighty (PTY) LTD,  accused number 8, Ronica Ragavan.

Eight accused, including Gupta associate Iqbal Sharma and others, face charges of fraud and money laundering, while former government officials are also charged with contravening the Public Finance Management Act (PFMA).

According to the National Prosecuting Authority's (NPA) Investigative Directorate (ID) spokesperson, Sindisiwe Seboka, these funds were then placed at the disposal of the Gupta family. She said the R25 million was purportedly paid to Nulane Investments to conduct a feasibility study for the Free State Province’s flagship Mohoma Mobung initiative, on the basis that Nulane had unique skills to perform the work.

"Nulane Investments, however, had no employees on its books and, in fact, subcontracted Deloitte Ltd to produce the report, for which Deloitte was paid R1.5 million. The only change made to the Deloitte report was to identify Paras Diary as a suitable implementing partner for the development of a milk processing plant in Vrede," Seboka added.

The trial will continue until 3 March 2023.

The accused were granted bail, ranging from R10 000 to R500 000.

OFM News