By Lehlohonolo Lehana.
Former SAA board member, a charted accountant by profession Yakhe Kwinana has been granted bail of R2,000 by the East London Magistrate’s Court.
Kwinana has been in custody since her March 17 arrest in Pretoria.
She was a non-executive board member of SAA from 2009 to 2016 alongside former president Jacob Zuma’s close friend, the late Dudu Myeni, who became SAA chair in 2012.
The South African Institute of Chartered Accountants (Saica) instituted the disciplinary action against Kwinana after a referral by the State Capture Commission of Inquiry into allegations of State Capture.
Following an investigation, Saica proceeded with a disciplinary hearing.
In March 2023, the disciplinary hearing found Kwinana guilty on 13 of the 14 charges brought against her, with one charge being withdrawn.
It imposed the following sanctions:
- Exclusion from Saica membership after finding she was not a fit and proper individual to be a member of Saica and ordered her immediate removal; and
- A total fine of R6.1 million.
She challenged her sanctions however the Gauteng division of the High Court dismissed with costs her application, to review and set aside the finding and sanctions against her by a Saica disciplinary committee.
The 61-year-old is accused of demolishing homes on her family’s illegally occupied farm, known as “Rockville” eBhongweni, near the airport.
Magistrate Luthando Screetch handed down the judgement on Friday, following days of heated arguments between the state and the defence.
The state had opposed bail, arguing that Kwinana was a flight risk, pointing to her departure from East London on March 4 after the demolitions. They also alleged she had used security guards with high-powered rifles to intimidate residents.
However, the defence maintained that Kwinana was not a flight risk, stating she had voluntarily sent police her location on the day of her arrest. They also argued that she had acted within her legal rights, citing a 2020 High Court eviction order in her family company’s favor.