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Another lawsuit has been filed against the Hawks and the National Prosecuting Authority following the acquittal of a civil servant and a security company owner on baseless fraud charges.
City Press reported last week that former Mpumalanga safety and security head, Thulani Sibuyi, had filed a R19-million lawsuit against Police Minister Nkosinathi Nhleko and National Prosecuting Authority head Shaun Abrahams for unlawful arrest and detention, malicious prosecution and defamation.
GNT Security owner, Givens Mashaba, has also filed a R40-million lawsuit against Nhleko and Abrahams.
The Hawks charged and arrested both men for tender fraud and contravention of the Public Finance Management Act on August 8 2012 following the awarding of security tenders worth R7 billion for Mpumalanga government buildings.
Sibuyi was accused of awarding a three-year tender to GNT Security, which allegedly did not have a valid tax clearance certificate, for about R1.2 billion.
Mashaba and Sibuyi were however acquitted on June 19 2015 in the Nelspruit regional court due to lack of evidence.
Mashaba’s lawyer, Macbeth Ncongwane, said his client sued in his personal capacity and on behalf of GNT for defamation, malicious prosecution and loss of income. The trial will begin in the North Gauteng High Court on May 5.
“We might bring a course of action to consolidate both claims because the issues are the same,” Ncongwane said.
He said that GNT had its contracts terminated with Standard Bank and water utility, Sembcorp Silulumanzi, after Mashaba was charged and lost out on being appointed for potential jobs.
“This case was a setback for him as a black security company owner. He could not be trusted and, as you know, security and crime don’t blend. The whole case was a witch hunt and the person who started the investigation was malicious,” Ncongwane said.
The police and prosecuting authority are defending both lawsuits.
On the other hand, Sibuyi was forced to resign as the head of department, even though the department itself had not laid any charges and did not believe he had done anything wrong.
Mpumalanga safety and security spokesperson, Joseph Mabuza, said the police investigated on their own without the department having lodged a complaint.
Losing bidders tried to interdict the department from awarding the tenders, saying procedures had been flouted and the contracts given to KwaZulu-Natal businesses, but they lost.
Sibuyi is claiming R15 million for general damages; R1.5 million for deprivation of freedom, trauma and stress; about R1 million for loss of income, R1 million for defamation, R452 000 in legal fees and R2 250 in medical expenses.
Sibuyi’s attorney, Mduduzi Madonsela, has said that his client could not be linked to the charges because GNT was appointed by the department’s bid committees without his interference.
Madonsela said Sibuyi had asked the state security department to vet the security companies. The department found nothing was wrong.
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