By Lehlohonolo Lehana.
The KwaZulu-Natal High Court in Durban has acquitted former KwaZulu-Natal MEC for Economic Development and Tourism, Mike Mabuyakhulu, and his 15 co-accused in a R28 million corruption case.
During their last court appearance, the accused filed an application in terms of Section 174 of the Criminal Procedure Act and arguing the State had failed to provide sufficient evidence against them.
The act encompasses the right of an accused to be discharged for the offence he has allegedly committed where, at the close of the State’s case, there is no evidence on which the court may draw the accused to the charge.
Mabuyakhulu, along with 15 others and companies were charged with corruption, theft and money laundering to the value of R28 million, in connection with the North Sea Jazz Festival in 2012, which never took place.
Mabuyakhulu had previously lodged a permanent stay of prosecution bid and failed and later asked the court to separate his trial from the rest, saying the delays were hampering his political career, but the court dismissed this request.
Reacting to the court judgment,Mabuyakhulu said, he was happy about the court outcome, saying he felt vindicated.
“We made it clear, at the outset, when these charges were preferred against us that we were innocent of any wrongdoing against the state and people of South Africa,” he said.
“For 22 years, I was a member of the provincial legislature and 17 of those years, I was a MEC. I never faced these types of charges during those years because I was meticulous and focused on the task at hand.”
NPA KZN spokesperson Natasha Kara said: “We acknowledge today’s court outcome, and we will be studying the judgment further.”
In August 2020, he wrote to the provincial integrity commission asking to appear before the same commission regarding the matters that had landed him in court.
“After appearing before the integrity commission, it found that [I] had not done any wrong and could continue with [my] duties as the deputy chairperson of the ANC in KwaZulu-Natal at the time. On April 22, 2021, [I] also voluntarily wrote a letter to the office of the secretary-general of the ANC and the provincial secretary informing them of [my] decision to step aside from [my] position as elected deputy chairperson of the ANC in KwaZulu-Natal.”
The African National Congress in KwaZulu-Natal welcomed the withdrawal of the charges against Mabuyakhulu.
“Comrade Mike Mabuyakhulu displayed a high level of discipline and maturity from the day law enforcement agencies laid charges of corruption against him.”
“As a public display of selflessness, he voluntarily recused himself from any deployment to any sphere of government,” said ANC provincial secretary Bheki Mtolo.