Further charges could be added to the long list Shauwn Mpisane is facing in the Durban Commercial Crime Court.
|||Durban - Further charges could be added to the already long list businesswoman Shauwn Mpisane is facing in the Durban Commercial Crime Court.
State prosecutor Wendy O’Brien told the court on Tuesday that the pending investigations against Mpisane, facing 53 counts of fraud, forgery, and uttering, could lead to further charges being included emanating from a statement by a city official.
It is alleged that Mpisane, the sole member of Zikhulise Cleaning Maintenance and Transport, submitted false documentation to the Construction Industry Development Board to boost gradings and obtain tenders from the Department of Public Works.
Those charges were linked to the raid by the Asset Forfeiture Unit on the couple’s R80 million mansion in La Lucia in February, when several luxury vehicles with an estimated value of R22m were seized through a preservation order.
Earlier this month the couple handed over more than R5.6m in cash in return for most of the cars and are awaiting judgment in their challenge of the legality of the preservation order.
The court heard that R70m of the couple’s assets was under restraint pending the outcome of a criminal fraud and corruption case against her.
O’Brien’s application for an adjournment for further investigation on Tuesday was met with a scathing attack from defence advocate Jimmy Howse.
O’Brien told the court that when she came on record for Mpisane, in July, she was informed that investigations were complete.
“I did leave room for doubt. I was concerned that there might be aspects I might pick up on,” she said.
After perusing seven or eight lever-arch files, O’Brien said, she made inquiries regarding subpoenas for fax numbers, which were crucial to her case, as the misrepresentations in question were submitted via fax.
She said she had also asked for an affidavit supplied by an investigator from the Special Investigating Unit to be converted into a report.
Her request for an adjournment was not “unreasonable”, she said, bearing in mind the volume of documentation.
O’Brien also submitted that the matter was likely to be referred to the high court and that a pre-trial conference, which was what was meant to take place yesterday, would be pointless.
On Tuesday the State handed the defence a report by a handwriting expert and an affidavit by police and the metro about the employment of Mpisane’s husband, Sbu.
Howse called the State’s submission, that investigations were incomplete, false, if not misleading. He said the basis for an adjournment lacked merit and the State had been “grossly negligent” in not soon identifying all the issues raised.
Acting magistrate Melvin Govender granted the adjournment, to September 13, saying it would not serve justice to lay blame squarely at the door of the State.
rizwana.umar@inl.co.za
Daily News