After hearing evidence from state witnesses over the past two years, Durban high court judge Mahendra Chetty granted a discharge to all 16 accused in the case.
Regarding R300,000 paid into Mabuyakhulu’s account, Chetty said the state had not produced evidence to gainsay his version that he believed the money had come from a friend who was assisting him to pay off a South African Revenue Service debt.
“In the final result, the state has not lived up to the promise set out in its opening address and in the indictment. The sate’s case was plagued by not calling several key witnesses who I understood to be in the Netherlands,” he said. “That obstacle was removed with the reinstatement of international travel. The court was made aware of no other reason why the witnesses were not available.”
“The leading of evidence of financial transactions is critical to the outcome of cases of corruption and money laundering. The state is obliged to join the dots. It is not for this court to do so or to speculate.”
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