Former intelligence coordinator Barry Gilder will be allowed to testify in the corruption trial of former police boss Jackie Selebi, the National Prosecuting Authority (NPA) said on Tuesday. The State Security Ministry had approached the Constitutional Court to prevent Gilder from taking the stand in the Selebi trial, which resumes on March 1.
"It [the Constitutional Court] has found in our favour," said NPA spokesperson Mthunzi Mhaga. "We will now proceed to subpoena Mr Gilder for March 1 so that we can proceed."
The South Gauteng High Court in Johannesburg and the Supreme Court of Appeal had ruled that Gilder testify in camera in the corruption trial of the former police national commissioner. The ministry then took the matter to the highest court in the land, contending that it was unconstitutional for the NPA to summons Gilder without the permission of the state security director general.
The state wants Gilder to testify about a 2005 draft intelligence report that contained a single paragraph about allegedly untoward payments Selebi was receiving from slain mining magnate Brett Kebble. The ministry argued that forcing Gilder to testify could set a precedent -- with serious constitutional ramifications -- where intelligence information could be compromised. Prosecutor Gerrie Nel has previously argued in court that the testimony wanted from Gilder is already in the public domain and has been mentioned by several witnesses in their testimony.
Selebi faces a count of corruption and another of defeating the ends of justice in connection with R1,2-million he allegedly received from Kebble, convicted drug trafficker Glenn Agliotti and former Hyundai boss Billy Rautenbach in return for favours. He has pleaded not guilty to all charges.
Source: Mail & Guardian
Showing posts with label Billy Rautenbach. Show all posts
Showing posts with label Billy Rautenbach. Show all posts
Tuesday, February 16, 2010
Friday, January 15, 2010
Selebi trial: NPA takes on Security Ministry
The National Prosecuting Authority (NPA) filed papers on Thursday to oppose the State Security Ministry's application for leave to appeal a judgement that would allow former national intelligence coordinator Barry Gilder to testify in the corruption trial of former police national commissioner Jackie Selebi.
The ministry lodged a petition at the SCA early in January to overturn a decision by Judge Meyer Joffe to compel Gilder to testify in Selebi's corruption trial.
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with at least R1,2-million he allegedly received from convicted drug trafficker Glenn Agliotti, slain mining magnate Brett Kebble and former Hyundai boss Billy Rautenbach in return for favours.
Source: Mail & Guardian
The ministry lodged a petition at the SCA early in January to overturn a decision by Judge Meyer Joffe to compel Gilder to testify in Selebi's corruption trial.
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with at least R1,2-million he allegedly received from convicted drug trafficker Glenn Agliotti, slain mining magnate Brett Kebble and former Hyundai boss Billy Rautenbach in return for favours.
Source: Mail & Guardian
Wednesday, June 9, 2004
UN links Rautenbach to DRC
Billy Rautenbach, the former head of Hyundai South Africa and the fugitive millionaire "somewhere in Africa", has been named in a secret report by the United Nations as a "prominent roleplayer" in corruption activities in Africa - particularly in the Democratic Republic of the Congo (DRC). This information was given exclusively to Beeld on Wednesday amid allegations in court documents that the DRC government and its officials owned various assets were being seized in South Africa and other countries.
A UN report, completed about four years ago, uncovered Rautenbach's corrupt activities in various African countries. At the time, copies of the report were distributed to a number of African heads of state, but nothing came of this. The existence of this report came to light amid efforts by Frans Rootman, a Pretoria investigator, to seize assets after winning a US$20m claim in September in Pretoria against the DRC government. By Wednesday, the DRC had not paid one cent towards the settlement, which included legal costs.
Chris Schoeman, who is representing Rootman in the asset-seizure process, on Wednesday registered an asset-seizure claim in the Belgium high court for DRC-owned property in this country. Millions of rands are also held in a DRC bank account in Belgium. Two of Rootman's attorneys, John Mendelsohn of Johannesburg and Gerhard Painter of Pretoria, confirmed the existence of the UN report on Wednesday. Mendelsohn said, however, the DRC refused to give them a copy of the report as it "contained state secrets".
Rautenbach, considered by the UN to be a prominent roleplayer in corruption, was appointed head of the state-controlled Gecamines by the late president, Laurent-Désiré Kabila. But, in the wake of this report, Kabila appointed Rootman to investigate the theft of large amounts of cobalt from Gecamines. In his investigations, Rootman also found Rautenbach to be a key figure in the disappearance of the cobalt.
Willie Hofmeyr of the SA national prosecutions authority said an international warrant of arrest had already been issued against Rautenbach. He said the UN was also working on an extradition. Sources close to Rautenbach said he was in Harare "where he has President Robert Mugabe and other ministers in his pocket". They also said it was common knowledge that Rautenbach had involved the late Kabila's government in his schemes.
Source: News 24
A UN report, completed about four years ago, uncovered Rautenbach's corrupt activities in various African countries. At the time, copies of the report were distributed to a number of African heads of state, but nothing came of this. The existence of this report came to light amid efforts by Frans Rootman, a Pretoria investigator, to seize assets after winning a US$20m claim in September in Pretoria against the DRC government. By Wednesday, the DRC had not paid one cent towards the settlement, which included legal costs.
Chris Schoeman, who is representing Rootman in the asset-seizure process, on Wednesday registered an asset-seizure claim in the Belgium high court for DRC-owned property in this country. Millions of rands are also held in a DRC bank account in Belgium. Two of Rootman's attorneys, John Mendelsohn of Johannesburg and Gerhard Painter of Pretoria, confirmed the existence of the UN report on Wednesday. Mendelsohn said, however, the DRC refused to give them a copy of the report as it "contained state secrets".
Rautenbach, considered by the UN to be a prominent roleplayer in corruption, was appointed head of the state-controlled Gecamines by the late president, Laurent-Désiré Kabila. But, in the wake of this report, Kabila appointed Rootman to investigate the theft of large amounts of cobalt from Gecamines. In his investigations, Rootman also found Rautenbach to be a key figure in the disappearance of the cobalt.
Willie Hofmeyr of the SA national prosecutions authority said an international warrant of arrest had already been issued against Rautenbach. He said the UN was also working on an extradition. Sources close to Rautenbach said he was in Harare "where he has President Robert Mugabe and other ministers in his pocket". They also said it was common knowledge that Rautenbach had involved the late Kabila's government in his schemes.
Source: News 24
Wednesday, June 11, 2003
Ngcuka calls for stricter asset forfeiture laws
National Director of Public Prosecutions Bulelani Ngcuka yesterday appealed to MPs to beef up legislation governing asset forfeitures. This followed a high court order won by controversial Businessperson Billy Rautenbach last year for the release of more than R40-million worth of assets seized by the Asset Forfeiture Unit (AFU).
The ruling, by Johannesburg High Court Judge Pierre Rabie, had allowed Rautenbach to take the assets out of the country, to Zimbabwe, despite the government appealing against the decision, Ngcuka told Parliament's justice portfolio committee. "We would like the legislature to give consideration to this. "How can people use the legal system to protect their rights, but then don't want to submit to the jurisdiction of our courts," he said.
The AFU, three years ago, seized Rautenbach's assets, including a luxury home in Sandhurst, Johannesburg, a farm in Paarl, aircrafts, a yacht, as well as various bank accounts. The former Hyundai boss in South Africa had been charged with large-scale fraud, theft, money laundering and evasion of import duties. Ngcuka said he hoped the committee would look into the case and strengthen the law to ensure those accused could not flee with their assets, even though cases were still subject to appeal.
Johnny de Lange, the committee's chairman, said this should not be allowed to happen again. "It is absolutely flabbergasting that a judge can allow that to happen," he said. Ngcuka also said his office was putting in place a system to dramatically cut down on the number of criminal cases withdrawn before the courts. The frequency of suspects being arrested and the cases never coming to court, despite being placed on the court roll, was a source of serious concern. This was particularly the case when arrests were made over a weekend and cases put onto the roll on Monday morning, despite there being no chance of conviction.
Prosecutors were now visiting police stations on Sundays to screen dockets before they were placed on the roll, and only in exceptional instances would a suspect be taken to court before a final decision was taken to prosecute. The new policy would also help ensure against innocent persons being arrested, and detained, he said.
Source: Polity
The ruling, by Johannesburg High Court Judge Pierre Rabie, had allowed Rautenbach to take the assets out of the country, to Zimbabwe, despite the government appealing against the decision, Ngcuka told Parliament's justice portfolio committee. "We would like the legislature to give consideration to this. "How can people use the legal system to protect their rights, but then don't want to submit to the jurisdiction of our courts," he said.
The AFU, three years ago, seized Rautenbach's assets, including a luxury home in Sandhurst, Johannesburg, a farm in Paarl, aircrafts, a yacht, as well as various bank accounts. The former Hyundai boss in South Africa had been charged with large-scale fraud, theft, money laundering and evasion of import duties. Ngcuka said he hoped the committee would look into the case and strengthen the law to ensure those accused could not flee with their assets, even though cases were still subject to appeal.
Johnny de Lange, the committee's chairman, said this should not be allowed to happen again. "It is absolutely flabbergasting that a judge can allow that to happen," he said. Ngcuka also said his office was putting in place a system to dramatically cut down on the number of criminal cases withdrawn before the courts. The frequency of suspects being arrested and the cases never coming to court, despite being placed on the court roll, was a source of serious concern. This was particularly the case when arrests were made over a weekend and cases put onto the roll on Monday morning, despite there being no chance of conviction.
Prosecutors were now visiting police stations on Sundays to screen dockets before they were placed on the roll, and only in exceptional instances would a suspect be taken to court before a final decision was taken to prosecute. The new policy would also help ensure against innocent persons being arrested, and detained, he said.
Source: Polity
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