The New Labour Party expressed its satisfaction on Friday that its leader, Peter Marais, had not been implicated in any wrongdoing over the controversial Roodefontein golf estate development near Plettenberg Bay.
The party said in a statement it had studied the plea bargain agreement between Count Riccardo Agusta and the National Directorate of Public Prosecutions (NDPP) and was satisfied that justice had been done.
On Thursday Italian multimillionaire Agusta pleaded guilty to corruption charges involving politicians in the Western Cape government.
In a plea bargain in the Cape High Court, Agusta (52) pleaded guilty to bribing Marais (a former Western Cape premier), and former provincial minister of environment and development David Malatsi by paying R400 000 to pave the way for the golf estate.
Agusta pleaded guilty to two charges of corruption and was fined R1-million.
The New Labour Party said the nub of the plea bargain was that Augusta donated funds to the New National Party in the hope of speeding up approval of the Roodefontein development.
”Donating money with such subjective intention constitutes a statutory form of bribery in South Africa and the conviction of Agusta is therefore warranted,” the party said.
”What is significant about this agreement for Marais is that the state did not allege that Agusta ever made his subjective intentions known — that the donation to the party would contribute to approval being given to his development application”.
Marais could therefore not be criticised for accepting the donation. As far as Marais was concerned, this donation was made to the NNP, and in no way affected his [Marais’s] conduct in the matter.
”What is significant is that the state accepted in the plea bargain agreement, that the application would probably have been approved anyway, taking the prevailing policies into account,” the party said.
The fact that the NDPP had agreed in the plea bargain agreement that Agusta would not be required to give evidence against Marais, was a further indication that Agusta could not implicate Marais in this matter.
The party said it had learnt from a reliable source that Agusta enjoyed considerable tax benefits from staying in South Africa for a certain period of a year.
”If Agusta did not stand trial in South Africa, or if he were to be deported with, or without being convicted, he would have suffered significant financial losses,” the party said.
Paying R1-million in fines, in return for an undertaking by the state that it would not seek his deportation, appeared ”to make eminent financial sense”.
The party said it recommended that Premier Marthinus van Schalkwyk study the plea bargain agreement and then take legal advice on the position of the NNP.
The party said Marais had yet again confirmed that Van Schalkwyk was aware of the donation to the party.
Marais and Malatsi, who are currently facing charges of corruption, are expected to appear in the Knysna Regional Court on November 17 for the commencement of their Roodefontein trial. Both men are out on bail. — Sapa