/ 23 October 2013

Mpisane fraud trial postponed to January

'This is one of the largest cases ever done by the Asset Forfeiture Unit
'This is one of the largest cases ever done by the Asset Forfeiture Unit

The Durban Regional Court granted the state a postponement on Tuesday to allow newly appointed national director of public prosecutions (NDPP) Mxolisi Nxasana time to consider representations made by businesswoman Shawn Mpisane.

National Prosecuting Authority (NPA) spokesperson Nathi Mncube said the matter has been postponed to January 31.

Mpisane is accused of inflating the invoices of her close corporation, Zikhulise Cleaning, Maintenance and Transport, by R4.7-million in an attempt to cut her tax bill.

She is also accused of violating the Close Corporations Act by remaining Zikhulise's sole member when she had a previous fraud conviction.

Defence advocate Rafik Bhana SC accused the state in July of suppressing evidence and questioned prosecutor Meera Naidu's conduct.

Bhana was granted permission and a postponement to make representations to the then acting NDPP, Nomgcobo Jiba.

But the state applied on Tuesday for a further postponement to allow Nxasana time to review the representations. Nxasana took up his post at the beginning of October.

Naidu has been dropped from the case, and from another case in the Pinetown Regional Court in which Mpisane is accused of interfering with a witness.

NPA spokesperson Natasha Ramkisson said in September that Naidu had been issued with a notice of intention to suspend her, and that she had been given an opportunity to explain why she should not be suspended.

Mncube said he could not comment on the NPA's internal matters, except to say that Naidu had not been suspended.

Mpisane is scheduled to stand trial on January 21 in the Durban Commercial Crime Court, where she is accused of submitting forged documents to obtain construction industry development board gradings that were used to win five public works department tenders worth R140-million.

Mpisane, who is out on R100 000 bail, faces 53 charges of fraud, forgery and uttering of a forged document in that matter.