S v Golding and Others - In Respect of Section 174 Applications (CCC63/2019) [2023] ZAKZDHC 35 (30 May 2023)

S v Golding and Others - In Respect of Section 174 Applications (CCC63/2019) [2023] ZAKZDHC 35 (30 May 2023)

The court found that the State failed to present evidence upon which a reasonable court could convict any of the accused on any charge. Payments and contracts relating to the North Sea Jazz Festival were authorised by Cabinet resolution, properly vetted, and supported by documentary evidence. No evidence was led to establish fraud, corruption, or money laundering, nor was there proof that any accused received unlawful gratification or acted with criminal intent. The State's case was speculative, lacked key witnesses, and failed to join the evidentiary dots. To require the accused to enter the witness box would violate their constitutional rights and presumption of innocence. Accordingly,...

Citation
[2023] ZAKZDHC 35
Parties
Applicant: The State; Respondent: Desmond Khalid Golding; Respondent: Ceaser Walter Mkhize; Respondent: Soft Skills Communications 100 CC; Respondent: Shaka Holdings; Respondent: Zandile Nonjabulo Mbongwe; Respondent: Maqhoboza Traders CC; Respondent: Nothando Zungu; Respondent: Ishashalazi Productions CC; Respondent: Mabheleni Leewas Ntuli; Respondent: Super Size Investment 20 CC; Respondent: Nonhlanhla Brenda Ninela; Respondent: Mzwandile Basil Ninela; Respondent: Ishinga Holdings; Respondent: Ntokozo Ndlovu; Respondent: DMD (PTY) LTD; Respondent: Michael Mabuyakhulu
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
30 May 2023
Case Number
CCC 63/2019
Procedural Posture
Criminal Trial / Section 174 Applications at Close of State Case
Outcome
All accused discharged and found not guilty on all charges under section 174 of the Criminal Procedure Act.
Judges
M R Chetty
Legal Topics
Corruption, Fraud, Money Laundering, Public Finance Management Act, Prevention of Organised Crime Act, Procurement Irregularity
Criminal Law Civil Procedure Commercial and Corporate Corruption Fraud Money Laundering Public Finance Management Act Prevention of Organised Crime Act +1 more

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Parties

The State

Applicant

Desmond Khalid Golding

Respondent

Ceaser Walter Mkhize

Respondent

Soft Skills Communications 100 CC

Respondent

Shaka Holdings

Respondent

Zandile Nonjabulo Mbongwe

Respondent

Maqhoboza Traders CC

Respondent

Nothando Zungu

Respondent

Ishashalazi Productions CC

Respondent

Mabheleni Leewas Ntuli

Respondent

Super Size Investment 20 CC

Respondent

Nonhlanhla Brenda Ninela

Respondent

Mzwandile Basil Ninela

Respondent

Ishinga Holdings

Respondent

Ntokozo Ndlovu

Respondent

DMD (PTY) LTD

Respondent

Michael Mabuyakhulu

Respondent

Procedural Posture

Criminal Trial / Section 174 Applications at Close of State Case

Legal Issues

  1. 1 Whether there is evidence upon which a reasonable court might convict any accused on charges of corruption, fraud, money laundering, theft, or breaches of the Public Finance Management Act.
  2. 2 Whether the State has established a prima facie case against any accused to justify placing them on their defence.
  3. 3 Whether the payments and contracts relating to the North Sea Jazz Festival were tainted by irregularity, fraud, or corruption.

Ratio Decidendi

The court found that the State failed to present evidence upon which a reasonable court could convict any of the accused on any charge. Payments and contracts relating to the North Sea Jazz Festival were authorised by Cabinet resolution, properly vetted, and supported by documentary evidence. No evidence was led to establish fraud, corruption, or money laundering, nor was there proof that any accused received unlawful gratification or acted with criminal intent. The State's case was speculative, lacked key witnesses, and failed to join the evidentiary dots. To require the accused to enter the witness box would violate their constitutional rights and presumption of innocence. Accordingly,...

Court Disposition

All accused discharged and found not guilty on all charges under section 174 of the Criminal Procedure Act.

Orders

  • All applications for discharge under section 174 are granted.
  • All accused are found not guilty on all charges and discharged.