The SIU wants to recover the R150m from Digital Vibes, its owners or controllers as well as any individual who participated “in the fraudulent and unlawful scheme”, including Mkhize and his son Dedani.
The embattled health minister Zweli Mkhize and his son Dedani have been referred to the National Prosecuting Authority to consider charging them for corruption over “suspicious” payments they received from Digital Vibes.
Mkhize and his son are listed among 20 people to whom Digital Vibes paid R90m of the R150m the company received from their contract with the department of health, which the SIU contends was unlawful, invalid and has to be set aside. “The following funds directly or indirectly received by these parties from Digital Vibes constitute undue gratification or were transferred for purposes of money laundering or as the proceeds of unlawful activities and derive from the unlawful payments that Digital Vibes received from the NDOH in terms of the impugned transactions, which were made without any proof of goods, works of services rendered by such parties in exchange for such funds ,” Chunilall contends in her affidavit.
“The SIU's investigations have revealed evidence that the impugned transactions took place in circumstances constituting the commission of offences in terms, inter alia, section 3 read with sections 24 and 26 of the prevention and combating of corrupt activities act, 2004 committed by, inter alia, the fifth and sixth respondents. This evidence has been referred to National Prosecuting Authority by the SIU in terms of sections 4 and 4 of the SIU act,” Chunilall says in the papers.
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