Whistleblower in Chiefs boss tax case sends affidavit from abroad
01 November 2012
Posted by: SAIT Technical
By Mandla Khoza (Business Report/AENS)
Former SARS official, Annah Kruger, submitted an affidavit from a police station in Australia concerning the R143 million case against Kaizer Chiefs boss Bobby Motaung. Ms Kruger, who now lives in Australia, blew the whistle on a forged tax-clearance certificate that resulted in an investigation into the Mbombela Stadium tender contract. This World Cup stadium cost R1.2 billion to erect.
A FORMER official of the SA Revenue Service who is scheduled to testify in the R143 million case against Kaizer Chiefs boss Bobby Motaung had to send her affidavit from a police station in Australia, where she lives.
Annah Kruger, who blew the whistle on a forged tax-clearance certificate that led to an investigation into the contentious Mbombela Stadium tender management contract, is one of a string of witnesses expected to testify in the case.
In the Nelspruit Regional Court in Mpumalanga yesterday, State prosecutor Patrick Nkuna called out the names of the State witnesses whose affidavits had been forwarded to the defence, as ordered by the court.
Motaung and his business partners, Herbert Theledi and former Lefika Emerging Equity chief executive Chris Grib, were not asked to plead to fraud, forgery, theft and uttering charges relating to the building of the R1.2 billion World Cup stadium.
The State has previously stated that the three accused submitted fraudulent Sars documents to win the tender as consultants for the construction of the stadium. The State holds that the tax-clearance certificates led to their being paid R143m.
Motaung, Theledi and Grib are also accused of approaching a bank for an overdraft facility of R1m using a fake letter from the municipality.
Yesterday, Motaung's legal representative, Zola Majavu, demanded that Nkuna retract statements he made in August that the case was linked to the murder of Mbombela council speaker Jimmy Mohlala.
"Now we have the final docket, and my client has not been charged with murder, and there is no murder charge on the entire charge sheet,” said Majola.
Nkuna admitted that Motaung and his co-accused were not facing any murder charges. "Yes, we did not include the murder of the former speaker of the Mbombela municipality. Whether there are investigations into that one, I will not know,” said Nkuna.
During Motaung and Theledi's bail application in August, Nkuna argued that the case was linked to political murders in Mpumalanga.
"As the State, we are not opposing the [R50 000] bail [proposed by the accused], but the court must bear in mind that this case is very serious and, in all, that it led to the murders that have been taking place in the province,” Nkuna said at the time.
Theledi's legal team said the case must not be mixed up with other cases that were not in court that day.
Yesterday, the State also told the court that there were still missing annexures from the docket that was handed to the accused's legal representatives.
Magistrate Naomi Engelbrecht postponed the case to December 3 for the State to give the defence the remaining documents.
Motaung and Theledi are out on R50 000 bail each, while Grib was released on R20 000 bail after pleading poverty