The truth of the statement of the party's provincial deputy leader, Mr. Mike Mabuyakhulu, that the R1 million donation that it got in June 2008 did not come from the Uruguayan businessman Gaston Savoi in exchange for a government procurement is disputed by KwaZulu-Natal ANC former Chairman Zweli Mkhize.
At its maiden appearance before the May Zondo Committee in the presence of former Provincial Treasury CEO Sipho Shabalala, Mabuyakhulu confirmed he had received R1 million.
It was a trade that took place at party offices on 11 June 2008, and it was a donation to the ANC, and he was then given as a provincial treasurer.
Asked if the ANC method of appropriately depositing the money in order to have records and receipt-of-payments had been monitored, the Deputy Chief Justice Mr. Raymond Zondo, asked Mabuyakhulu whether the conference was under pressure to spend the money immediately.
Mabuyakhulu argued that R1 million donated by Shabala was separate from the R1 056 204.98 paid by Savoy Intaka Holdings to 14 firms on Tuesday evening. In these trades, Shabalala acted as a middleman.
After disbursing this R1 056 204.98, which Mabuyakhulu sought to disassociate himself, Intaka then took a multibillion tender from the provincial health department.
In line with the resolution of the National Executive Committee for corruption accused of corruption, Mabouyakhulu, last month the first ANC leader, was strongly persistent in claiming that Mkhize and Mzila received the R1 million directly from Savoy, where untrue but he was contracted by the R1 056 204.98 affidavits.
As Advocate Garth Hulley reads, Mkhize's R1 million donations affidavit says: "I'm well aware that Shabalala has asked Dr Savoy to provide the ANC and I know also that the shabala has given it to the ANC. This awareness is a result of the reports I have got [from the R1 million contributed to the ANC by Savoy]
Sibusisiwe Ngubane-Zulu of Ngubane and Wills Inc, a law company which the provincial ANC represented in the dispute, further compounded Mabuyakhulu's perilous position. Ngubane-Zulu told the commission on Monday that it had been told, either through Mabuyakhulu or from Mzila, that Mabuyakhulu was given a donation of R1 million to ANC.
However, the information "certainly came from him," Mzila stated in its affidavit. Mabuyakhulu's own testimony on Tuesday corroborated this stance, that while he notified Mzila about the donation, he didn't tell Mabuyakhulu about the amount and who it was.
This caused Hulley to infer that "[about where the money was coming from] this information could only have originated from you."
In his rejection of the fact that the money came from Savoy Mabuyakhulu refuted this, claiming his evidence at his both appearances was "as obvious as daylight." He further noted that Hulley missed what Mkhize tried in his affidavit to communicate.
The reports of the high court and forensic auditor Trevor White have revealed that these monies [the R1056 204.98] were placed on the accounts of Kuboni Shezi Attorneys on 12 March 2007 and that the fund began payment even before the deposit funds "You have a scenario in Savoi's case."
During his crossexamination of PwC's forensic auditor White, Mabuyakhulu's lawyer asked the same question, examining the flow and involving the challenged deputy chairman of the province.
White stated that it was his conclusion that Shabalalala was washed the money by the several bodies "appearing" to be paid in 2007, "and that is why Shabalalala handed up the money in cash."
This was ruined by the lawyer of Mabuyahulu, who argued, while White was a brillient forensic auditor, that his area of activity was limited to checking financial records, bank accounts, etc.
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