The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.
The abuse complained of in that case was that one of the accused persons had been incited by an informer and a customs officer to commit the offences in question and had lured him into the court’s jurisdiction. The court in Latif held that it was for a court to consider whether the abuse complained of was such as to justify a stay of proceedings. Mr Mpshe assigned to himself the role reserved for courts. If he had had proper regard to the decision in Latif, he would not have used it to justify the decision to discontinue the prosecution. Thus, he ignored relevant material such as the relevant dicta in Zuma, Latif and the appeal court judgment in HKSAR. The courts in the latter two cases were emphatic that allegations of abuse of process were within the remit of the trial court.BACK TO TOP