The National Prosecuting Authority has denied claims by Robert Gumede that it has issued a certificate declining to prosecute the IT bigwig on corruption charges relating to a ÂÂmultimillion-rand Telkom tender.
Gumede’s lawyer has written to the Mail & Guardian demanding a correction of an article published two weeks ago on a police investigation into his alleged bribing of Telkom executives to secure a R600-million contract.
In his letter to the M&G Gumede’s lawyer, Nicqui Galaktiou, claimed suspended national director of public prosecutions Vusi Pikoli issued a certificate in which the NPA declined to prosecute her client. Galaktiou said such a nolle prosequi certificate was issued without Gumede’s knowledge.
But NPA spokesperson Tlali Tlali denies that the certificate was issued.
If the state declines to pursue a prosecution, any citizen who wants to bring a private prosecution can request a nolle prosequi certificate from the NPA. According to the NPA, this has not happened in Gumede’s case.
A case of corruption was opened at the Roodepoort police station under case number 781/2/2007. The docket is being handled by the police’s commercial branch in Jo’burg. The M&G reported previously that the complainant in that case was Gumede’s former partner, John Sterenborg, who lives in England.
”The query refers to the docket that was sent to the NPA’s specialised commercial crimes unit for planning and decision. We took a decision not to prosecute [Gumede] on June 25 2007 based on lack of sufficient evidence,” Tlali said in a statement.
Tlali said: ”The complainant was dissatisfied with the decision and made representations to us. Following a careful consideration of representations made we decided that some allegations contained in the representations ought to be followed up in order to establish the veracity thereof.
”The decision on whether a comprehensive investigation into the allegations should be undertaken will depend on the outcome of the inquiry under way. No nolle prosequi certificate has been issued in the matter.”
Gumede is chair of listed IT company GijimaAST. The Telkom contract was awarded to his Gijima Afrika Smart Technologies in 2002. The two companies are not related.