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NPA makes deadline to produce indictment against big fish for Transnet graft trial

NPA makes deadline to produce indictment against big fish for Transnet graft trial
Anoj Singh former Transnet group chief financial officer appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)
The National Prosecuting Authority has asked each accused in the Transnet criminal case to provide a two-terabyte-sized hard drive for access to the Regiments Capital server and other material in preparation for the trial.

The criminal case against several high-profile businessmen and former state owned-company executives linked to Transnet’s 1064 locomotive deal has been postponed to 30 November 2022. 

This comes after the National Prosecuting Authority (NPA) produced a draft indictment on Friday morning in which it set out more than 50 charges against Regiments Capital, owners Niven Pillay and Litha Nyhonyha and their former partner, Eric Wood of Trillian Capital Partners. 

Pillay, Nyhonyha and Wood face prosecution along with former Transnet bigwigs Brian Molefe, Anoj Singh, Siyabonga Gama, Phetolo Ramosebudi and Garry Pita. 

Former Transnet officials Phetolo Romesebudi, Niven Pillay and Litha Nyhonyha. (Photo: Gallo Images / OJ Koloti)



Garry Pita (Photo: Gallo Images / OJ Koloti)



Brian Molefe, Anoj Singh and other Transnet officials appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)



According to the draft charge sheet presented, McKinsey & Co officially faces two fraud charges in South Africa while former partner, Vikas Sagar, will have to battle a total of seven criminal charges relating to the global consulting firm’s work alongside Regiments Capital.

Sagar, who currently lives abroad, did not have a lawyer on record during proceedings at the Palm Ridge Specialised Commercial Crimes Court.

Individually the companies and each of the accused face charges ranging from fraud or theft, corruption, money laundering and Public Finance Management Act violations. 

Read in Daily Maverick: “‘We’ve got this,’ says NPA as 14 October deadline looms for Transnet indictment

The State’s submission of the draft charge sheet comes just more than a year after the first arrest in the case, that of businessman Kuben Moodley, who was nabbed when he tried to travel abroad in September 2021.

Phetolo Ramosebudi (Photo: Gallo Images / OJ Koloti)



Businessman Eric Wood appears at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)



McKinsey &Co representative Goitseone Mangope. (Photo: Gallo Images / OJ Koloti)



Anoj Singh former Transnet group chief financial officer appear at Palm Ridge Specialised Crimes Court on October 14, 2022 in Palm Ridge, South Africa. The suspects were arrested on Transnet related R398.4 million fraud and corruption charges. (Photo: Gallo Images / OJ Koloti)



While some of the defence lawyers bemoaned the delays caused by the NPA’s failure to produce a final charge sheet, the accused will now have an opportunity to obtain vital information about the case against them. 




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The State has asked that they provide external hard drives to allow them to copy and access such material, including the Regiments Capital server. 

It is unclear whether the server being referred to is part of the information stash that was originally obtained by the Transnet Second Defined Benefit Fund (TSDBF) in 2018. 

The court did not hear an update on the State’s efforts to locate and or secure the attendance of Salim Essa, Ashok Narayan or Sagar. 

There are arrest warrants out for the three. 

Meanwhile, there is much riding on this case. The NPA has a R1-billion restraint order over Regiments Capital assets and that case ultimately hinges on the successful prosecution of Regiments and/or its owners. DM