Latest news with #MahendraChetty
SowetanLIVE
4 days ago
- Politics
- SowetanLIVE
State's corruption case against Mabuyakhulu and others in failed jazz festival project back on the table
A bid by the state to appeal against the discharge of ANC heavyweight Mike Mabuyakhulu and others charged with corruption in relation to the failed 2012 R28.5m North Sea Jazz Festival project is back on the table. The Supreme Court of Appeal (SCA) ordered the decision of KwaZulu-Natal high court judge Mahendra Chetty, dismissing the state's application for special leave to appeal, be referred to the SCA for reconsideration, and oral argument, including on the merits, if requested by the court. Mabuyakhulu — the ANC's provincial task team co-ordinator — and 15 others, including former economic development department head Desmond Golding, event organisers Ceaser Mkhize, Mabheleni Ntuli, Basil Ninela and his wife Brenda, Nothando Zungu, Ntokozo Ndlovu and Njabulo Mkhize — faced fraud, money-laundering and corruption charges relating to the festival. The state alleged the service providers were irregularly paid and the politicians received kickbacks. In May 2023, Chetty, in an application at the end of the state's case, effectively acquitted the accused without them having to put up a defence. This, he said, was because there was not a shred of evidence against them. In a 100-page ruling, which took three hours to read, Chetty went through each charge against each accused, noting the paucity of evidence against them, that in some instances the allegations were a 'stretch too far', and that a 'sniff of suspicion' was not enough in a criminal trial. In terms of law, the state can only seek to appeal against what it considers to be a misdirection by the trial court on questions of law, not questions of fact. In considering the application for leave to appeal to the SCA Chetty had ruled even if his judgment revealed he might have been mistaken in his assessment of the evidence the state could not appeal against this. He was not convinced there were reasonable prospects the SCA would find he had committed a mistake in law and it would lead to the accused in the matter being convicted. Mabuyakhulu, who was economic development and tourism MEC at the time, was charged with taking a bribe of R300,000 in return for the award of the contract to what became a joint venture. Chetty's ruling came after their lawyers applied for their discharge, in terms of section 174 of the Criminal Procedure Act, without having to put up a defence. This is done at the discretion of the judge at the close of the state's case in circumstances where the state has failed to prove its case and cannot secure a conviction without the accused having to testify and possibly incriminate themselves. On Friday, Natasha Ramkisson-Kara, KwaZulu-Natal NPA spokesperson said: 'The NPA welcomes the opportunity to argue its case before the SCA that the honourable judge Mahendra Chetty erred in law in discharging the accused, that there are reasonable prospects of success on appeal, and that there are compelling reasons for the appeal to be heard by the SCA. Prosecutors will continue to vigorously challenge any decision considered to be wrong in law using available legal remedies.' TimesLIVE
TimesLIVE
4 days ago
- Politics
- TimesLIVE
State's corruption case against Mabuyakhulu and others in failed jazz festival project back on the table
A bid by the state to appeal against the discharge of ANC heavyweight Mike Mabuyakhulu and others charged with corruption in relation to the failed 2012 R28.5m North Sea Jazz Festival project is back on the table. The Supreme Court of Appeal (SCA) ordered the decision of KwaZulu-Natal high court judge Mahendra Chetty, dismissing the state's application for special leave to appeal, be referred to the SCA for reconsideration, and oral argument, including on the merits, if requested by the court. Mabuyakhulu — the ANC's provincial task team co-ordinator — and 15 others, including former economic development department head Desmond Golding, event organisers Ceaser Mkhize, Mabheleni Ntuli, Basil Ninela and his wife Brenda, Nothando Zungu, Ntokozo Ndlovu and Njabulo Mkhize — faced fraud, money-laundering and corruption charges relating to the festival. The state alleged the service providers were irregularly paid and the politicians received kickbacks. In May 2023, Chetty, in an application at the end of the state's case, effectively acquitted the accused without them having to put up a defence. This, he said, was because there was not a shred of evidence against them. In a 100-page ruling, which took three hours to read, Chetty went through each charge against each accused, noting the paucity of evidence against them, that in some instances the allegations were a 'stretch too far', and that a 'sniff of suspicion' was not enough in a criminal trial. In terms of law, the state can only seek to appeal against what it considers to be a misdirection by the trial court on questions of law, not questions of fact. In considering the application for leave to appeal to the SCA Chetty had ruled even if his judgment revealed he might have been mistaken in his assessment of the evidence the state could not appeal against this. He was not convinced there were reasonable prospects the SCA would find he had committed a mistake in law and it would lead to the accused in the matter being convicted. Mabuyakhulu, who was economic development and tourism MEC at the time, was charged with taking a bribe of R300,000 in return for the award of the contract to what became a joint venture. Chetty's ruling came after their lawyers applied for their discharge, in terms of section 174 of the Criminal Procedure Act, without having to put up a defence. This is done at the discretion of the judge at the close of the state's case in circumstances where the state has failed to prove its case and cannot secure a conviction without the accused having to testify and possibly incriminate themselves. On Friday, Natasha Ramkisson-Kara, KwaZulu-Natal NPA spokesperson said: 'The NPA welcomes the opportunity to argue its case before the SCA that the honourable judge Mahendra Chetty erred in law in discharging the accused, that there are reasonable prospects of success on appeal, and that there are compelling reasons for the appeal to be heard by the SCA. Prosecutors will continue to vigorously challenge any decision considered to be wrong in law using available legal remedies.'
IOL News
21-06-2025
- IOL News
Pietermaritzburg High Court upholds life sentence for rapist of eight-year-old
life sentence has been upheld for rapist man by the Pietermaritzburg High Court Image: File The Pietermaritzburg High Court has dismissed an appeal on conviction and life imprisonment sentence for a man who raped an eight-year-old girl multiple times in 2010, gave her R1, and threatened to kill her. The appeal was heard before Judge Robin Mossop and Judge Mahendra Chetty. The rapist was described as the brother-in-law of the young girl's mother. During the trial, the State led evidence and relied on minor children. The Ulundi Regional Court found the evidence of the victim and other minor children corroborative. Hence; the rapist was sentenced to life imprisonment. The victim told the regional court that she was raped on five separate occasions in 2010. The first rape happened in daylight hours when she visited the homestead of the rapist accompanied by two other young children. She said they went to visit the rapist's child but instead found him. 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 Next Stay Close ✕ She said that at some stage, the man sent one of her companions to the shop to buy a loose cigarette for him. While the other child had gone to the shop, the man told the victim to brush her hair inside the house and he followed her in, locked the door and raped her. When she cried, he threatened to kill her. After that, he gave her R1 to buy ice lollies. When the companion came back from the shop, she testified that she had slightly pushed the door, but the man told her not to get in. She testified that she saw him on top of his victim naked. This was also corroborated by another child who had peed into the window of the room. Moreover, at night, the victim was raped again. One child who had peed through the window said he saw the man again. He said he entered the bedroom where all four children slept. He said that despite being dark, he saw him as he was wearing a white T-shirt. The child also stated that he was the only adult in the house. The victim did not report the incident until a year later, as she was fearful. She and other children were watching a digital versatile disc (DVD) movie where the issue of sex was alluded to. The children mentioned loudly that the victim knew something about sex, her mother overheard this, and inquired more. The victim was taken to Dr Salona Prahladh, who stated that the victim had been raped and the last sexual assault was more than a year ago. The High Court found that the magistrate who sentenced the man did not make any error in finding him guilty. Judge Mossop said there was no doubt that the magistrate applied the cautionary rule used when dealing with evidence of children. 'The person who she was entitled to believe that she would be safe with, the appellant (rapist), turned out to be a predator intent on abusing her,' he said.
