Malusi Gigaba’s legal team reviews evidence as court postpones case

Former public enterprises minister Malusi Gigaba’s defence has confirmed that it has now received the state docket. On Friday, Gigaba returned to the Gauteng High Court in Johannesburg for a pre-trial conference, alongside former Transnet chief financial officer (CFO) Anoj Singh, former chief executives Brian Molefe and Siyabonga Gama, as well as former Transnet Freight Rail (TFR) chief procurement officer Thamsanqa Jiyane,who are out on R50 000 bail. The case relates to a period in which Transnet engaged in the procurement of locomotives to expand and modernise the country’s rail infrastructure, during which tender processes were allegedly flouted and three contracts were irregularly awarded for 95, 100 and 1 064 locomotives, allegedly resulting in losses of billions of rand for Transnet.

Thealleged offences were committedbetween November 2010 and May 2014, during his tenure as Minister in the Department of Public Enterprises (DPE). The state alleges that, during Gigaba’s tenure as minister of DPE, he, on various occasions, accepted and received undisclosed amounts of cash from members of the Gupta family that he was not entitled to receive. On Friday, Gigaba’s attorney, Nicholas Kourie, confirmed thatthe former minister had secured funding for legal representationduring the pre-trial phase.

This was after the government in February refused his application for state-funded legal assistance. The defence further confirmed that it had received the state docket, comprising documentation and digital material. They further indicated their intention to utilise the appropriate procedural mechanisms to obtain further clarity on aspects of the indictment and the evidentiary framework relied upon by the state.

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“As part of this process, the legal team intends to consult with Dr Gigaba and obtain instructions on whether or not the legal team willfile a Request for Further Particulars to ensurethat the defence is placed in a position to prepare properly and respond appropriately to the charges as framed, and/or whether representations will be submitted,” said Kourie. “This is a standard procedural measure provided for within South African criminal procedure and is consistent with the constitutional right to a fair trial.” Gigaba’s legal representatives further confirmed that procedural matters relating to legal representation had now been resolved, following the identification of a potential conflict-of-interest issue involving an individual whom the state has now confirmed as a witness in the matter.

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