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Special Tribunal to decide on joinder application in Digital Vibes case

The Special Tribunal will pass judgment on the application to join six parties in the main Digital Vibes review case. Stock photo.
The Special Tribunal will pass judgment on the application to join six parties in the main Digital Vibes review case. Stock photo.
Image: 123RF/Olivier Le Moal

The Special Tribunal is expected to pass judgment in an application by the Special Investigating Unit (SIU) whereby it seeks to join six other parties to the Digital Vibes case.

In the application heard last month, the SIU sought to join All Out Trading, Tusokuhle Farming, Azwakele Trading and Projects , Sithokozile Khaliphile Mkhize, Cedar Falls Properties 34  and Sirela Trading .

The SIU sought to join the parties to the main review application after obtaining evidence showing they were all recipients of monies derived from transactions between the national department of health and Digital Vibes.

In the main review application, the SIU seeks an order declaring the Digital Vibes contract is unlawful and set aside, and the money received from the contract is paid back to the state.

The SIU alleged these were proceeds of unlawful activities which the recipients had no right to retain.

The SIU seeks R1.09m from All Out Trading, R1.25m from Tusokuhle Farming, R650,000 from Azwakele Trading and Projects and/or Mkhize, R1.8m from Cedar Falls Properties and R586,000 from Sirela Trading.

During arguments last month, counsel for the SIU, advocate Barry Roux SC, described an alleged web of payments flowing from Digital Vibes to several companies before ending up in the accounts of companies allegedly linked to the Mkhize family.

Judge Lebogang Modiba also heard arguments from the companies, who said the SIU had no case against them.

The companies claimed they had no direct dealings with government.

John Pammenter, representing May Mkhize and Cedar Falls, said: “All you will see against Cedar Falls is that the sole director happens to be the wife of the former minister. What you will not see in those papers is anything that points a finger at Cedar Falls or its sole director.”

Gregory Harpur, for Tusokuhle and Sirela, submitted that while the companies had dealings with Mateta Projects, which allegedly received funds from Digital Vibes, it was unfounded for the SIU to say the funds paid to them by the company were the proceeds of crime.


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