Renowned playwright Duma Ka Ndlovu appeared in court yesterday charged with fraud and tax evasion.
The state alleges Ndlovu made misrepresentations in his income tax and corporate tax for his company Ambrobrite, which resulted in Sars losing R25m.
His co-accused, Rodney Mutsharini and Maxwell Mloyi, appeared with him in the Specialised Crime Court in Palm Ridge in what some believe has been an indictment long in the making.
There are two things worth noting about his case.
First is what the state has charged him with, in relation to the initial accusations levelled against him a few years ago.
In 2021, former partner at Bain SA, Athol Williams, told the state capture commission that his company paid R3.6m a year to Ambrobrite – which is co-owned by musician Mandla KaNozulu – for strategic advice on procurement and introduction to political leaders.
The payments would have allegedly been what became commonly known as facilitation fees charged by those who have access to political power on behalf of those seeking commercial favours from the state.
The practice is corruption punishable by law.
It is therefore worth noting that the NPA has charged Ndlovu with tax evasion which, although serious, is less consequential in relation to the initial accusations.
This raises questions about whether the state’s investigation into allegations of corruption is still ongoing or the evidence gathered falls short of the legal threshold to meet for a prosecutable case of graft.
The possibility of the latter raises concerns about the strength of evidence against those who were implicated in the state capture commission.
Second, we commend the decision of the court to deny Ndlovu’s application to ban the media from covering his case.
His lawyer told the court that his client's tax income numbers, family information such as children and other information would be exposed and compromise his family, if the media was allowed to cover the case.
This was disingenuous and a flimsy attempt to undermine media freedom and to protect a public figure who, through his work in the arts, had earned the respect of the nation, from answering difficult questions about his conduct.
It was rightly rejected. SA deserves to know the truth behind Ndlovu’s actions.
SOWETAN SAYS | SA deserves to know truth
Image: Antonio Muchave
Renowned playwright Duma Ka Ndlovu appeared in court yesterday charged with fraud and tax evasion.
The state alleges Ndlovu made misrepresentations in his income tax and corporate tax for his company Ambrobrite, which resulted in Sars losing R25m.
His co-accused, Rodney Mutsharini and Maxwell Mloyi, appeared with him in the Specialised Crime Court in Palm Ridge in what some believe has been an indictment long in the making.
There are two things worth noting about his case.
First is what the state has charged him with, in relation to the initial accusations levelled against him a few years ago.
In 2021, former partner at Bain SA, Athol Williams, told the state capture commission that his company paid R3.6m a year to Ambrobrite – which is co-owned by musician Mandla KaNozulu – for strategic advice on procurement and introduction to political leaders.
The payments would have allegedly been what became commonly known as facilitation fees charged by those who have access to political power on behalf of those seeking commercial favours from the state.
The practice is corruption punishable by law.
It is therefore worth noting that the NPA has charged Ndlovu with tax evasion which, although serious, is less consequential in relation to the initial accusations.
This raises questions about whether the state’s investigation into allegations of corruption is still ongoing or the evidence gathered falls short of the legal threshold to meet for a prosecutable case of graft.
The possibility of the latter raises concerns about the strength of evidence against those who were implicated in the state capture commission.
Second, we commend the decision of the court to deny Ndlovu’s application to ban the media from covering his case.
His lawyer told the court that his client's tax income numbers, family information such as children and other information would be exposed and compromise his family, if the media was allowed to cover the case.
This was disingenuous and a flimsy attempt to undermine media freedom and to protect a public figure who, through his work in the arts, had earned the respect of the nation, from answering difficult questions about his conduct.
It was rightly rejected. SA deserves to know the truth behind Ndlovu’s actions.
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