The National Prosecuting Authority (NPA) has declined to prosecute fraud and corruption charges against former SABC COO Hlaudi Motsoeneng and his attorney Zola Majavu.
The case was opened by the special investigating unit (SIU) in March at the Brixton police station. In its affidavit, the law enforcement and investigative body claimed that Motsoeneng, with the assistance of Majavu, had defrauded the SABC of R100 000, which was later claimed by Majavu from the public broadcaster.
The statement shows that Motsoeneng had taken the money as a loan from Majavu’s law firm and Majavu included the R100 000 he advanced to Motsoeneng in his invoice to the SABC for payment.
But last week, the NPA decided not to prosecute the two, saying the case had no prospects of success as the allegations could not be substantiated.
NPA South Gauteng spokesperson Phindi Mjonondwane confirmed that they declined to prosecute the case. “The prosecution was declined due to lack of evidence,” she said.
In an affidavit deposed by Motsoeneng in response to the fraud and corruption allegations, the former SABC COO explained the R100 000 loan from Majavu Incorporated was requested in his personal capacity and not on behalf of the SABC. The SABC had never repaid the R100 000 loan on his behalf as he had paid it back himself.
Motsoeneng said though his office had received the invoice and later forwarded it to finance for payment, he had not checked the content of the in-voice and what was charged, saying that his office merely forwarded the invoice.
The anomaly was picked up by the acting group CEO James Aguma. Motsoeneng said he duly corrected the matter and explained he had, in fact, taken the loan in his personal capacity.
“I was informed that the SABC would ask Majavu Incorporated to revise the invoice in order to remove the line item of R100 000. In my understanding, that is exactly what was done and I personally paid back the R100 000 … I did not expect it to be included in the invoice which was submitted to the SABC for payment of services rendered to me by Majavu Incorporated,” reads the affidavit.
Motsoeneng told Sunday World this week that he had asked for the loan to pay for school uniforms for primary school pupils and accommodation for numerous of university students whom he was sponsoring in the Free State.
“The SIU has been lying to parliament and [the standing committee on public accounts] about me, but they have never produced a single evidence to support their claims about me. They are playing a political game,” he said.
SIU spokesperson Kaizer Kganyago said they were not aware of the NPA’s decision. He said there was an ongoing litigation by the investigative body against Motsoeneng to recover his personal legal fees.
