By Lehlohonolo Lehana.
The case against former Transnet executives Brian Molefe, Anoj Singh, Siyabonga Gama and others has finally been set down for trial.
Molefe, Gama, and Singh appeared alongside Garry Pita and Phetolo Ramosebudi, Regiments Capital Directors Niven Pillay and Litha Nyhonhya, Trillian Asset Management’s Director Daniel Roy (Novum Asset Management), Kuben Moodley, and Albatime Pty Ltd owner, appeared before the Johannesburg High Court.
They’re facing charges of contravention of the Public Finance Management Act (PFMA), fraud, money laundering, and corruption.
Their charges stem from the locomotives transaction advisory tender awarded to the McKinsey-led consortium in 2012, resulting in the procurement of 1064 locomotives valued at over R54 billion.
It’s alleged that Regiments Capital, who benefitted, was irregularly brought into the contract, increasing the contract value and scope to over R395 million.
During the proceedings, state prosecutor Santhos Manilall informed Judge Mohamed Ismail that charges against McKinsey and Trillian had been withdrawn, resulting in an amended indictment.
“We issued the initial indictment, where there were 15 accused, and we withdrew against two of the accused.
“I have handed in an amended indictment, and in the amended indictment, you’ll note that there are several charges that do not appear. Those are the charges that we wish to withdraw, “Manilall explained.
He also confirmed that the state would call at least 70 witnesses during the trial.
“I would imagine that the state’s case would take between three to four months.”
The prosecutor further highlighted that the defence had requested better particulars from the state.
Ismail expressed frustration with the delays, emphasising the need for clear deadlines. “I’m not going to give you an open-ended date, “the judge said.
“It’s been two and a half years, and the case hasn’t started.”
Ultimately, it was agreed that the defence would file their applications by 21 February 2025, and the state would respond by 30 June 2025.
“The state and defence teams will, in the interim, engage on the issue of further particulars, which they intend to request from the state, and the judge ordered that it be resolved by 30 June 2025,” said the spokesperson for the Investigating Directorate Against Corruption Henry Mamothame.
He says the matter regarding former national director for public prosecutions, Advocate Shaun Abrahams, representing one of the accused, had been referred to the ombudsman.
“The matter relating to Advocate Shaun Abrahams will be adjudicated by the ombudsman, following the state’s opposition of Advocate Abrahams, who was the NDPP, representing an accused in this matter.”
The case has been postponed to 2 February 2026 for trial.