Mabuyakhulu pleads to cross-examine PwC forensic auditor, says his testimony has inconsistencies

• Former KwaZulu-Natal ANC deputy chairperson Mike Mabuyakhulu's testimony dealt with the Intaka Water Project and the acquisition of water plants.
• Mabuyakhulu said he wanted to cross-examine PwC forensic auditor Trevor White because there were inconsistencies in his testimony. 
• He told the Zondo Commission claims that charges against him were because of political interference were not true. 

The former ANC deputy chairperson in KwaZulu-Natal, Mike Mabuyakhulu, has told the Zondo Commission he wants to cross-examine PwC forensic auditor Trevor White.

On Wednesday afternoon, Mabuyakhulu - testifying at the commission chaired by Deputy Chief Justice Raymond Zondo - claimed White's testimony was not factual and had inconsistencies.

Mabuyakhulu recently stepped aside, adhering to the ANC's decision that members facing criminal charges must do so until their cases were finalised. 

He faced a corruption case that would head to trial in the Kwazulu-Natal High Court in September, News24 reported. 

White testified at the commission last year about Intaka, owned by wealthy businessman Gaston Savoi. 

He also testified about the provincial Department of Health. 

News24 reported the forensic auditor told the commission a report deeming the water being supplied to hospitals in the province safe was ignored to flout tender processes in the procurement of water purification plants.

White testified about how processes were circumvented by entities linked to one another, submitting competitive cover quotes against one another. 

He told the commission in instances where the water purification plants were procured, they were never used as "there was no budget to procure the required chemicals".

Mabuyakhulu and other high-ranking ANC officials, including Peggy Nkonyeni, were implicated in the case. But charges against the duo were, however, later withdrawn.

Mabuyakhulu was then the housing MEC as well as the traditional affairs and local government MEC, while Nkonyeni was the health MEC.

Delivering his opening statement at the commission, in which he disputed White's testimony about Intaka and funds donated to the party, he said he was advised the case was still before various courts, and people and companies were being prosecuted.

Giving context, Mabuyakhulu outlined that he received a letter, dated 15 July 2005, from now Health Minister Zweli Mkhize who was finance and economic development MEC at the time.  

He told the commission Mkhize had proposed to him in the letter that a joint-interdepartmental team, which would consider the purchase of the water purification plants, be installed at various district municipalities that were affected by drought.

Mabuyakhulu said Mkhize explained that the water purification plants would have been funded from the poverty alleviation fund in the provincial finance department.

He added his role was to support Mkhize's proposal for a committee that was then set up. 

Mabuyakhulu said the committee dealt with procurement issues from the beginning to the end, and executive authorities played no role in the processes.

In his evidence before the commission, White testified an amount of R1 056 204.98 was distributed from documents where he also illustrated how the funds were dispersed and paid into the trust account of Khuboni and Shezi Attorneys. 

Mabuyakhulu also questioned White's testimony that 29 payments between 19 February 2007 and 21 August 2007 were made to benefit former head of provincial treasury Sipho Shabalala and his wife, Beatrice Shabalala.

He denied this amount was linked to a donation of R1 million that he received from Shabalala on behalf of the ANC. 

Illogical inferences

"What is in dispute there, Mr Chairman, is the illogical inference or link by the forensic auditor [White] who showed us how the whole amount of R1 056 204.98 was paid to 14 companies.

Mabuyakhulu added: "Clearly here, Mr White needs to explain to this commission how many millions did Intaka pay. We know from Mr Gaston Savoi's affidavits that is before the Pietermaritzburg High Court that only one million was paid, so where does this other million rand that Mr Trevor White shows come from.

"If Mr White is saying he is referring to the same funds that were paid by Intaka then my question is, how can it be?

"Where are the facts of Mr White's conclusions and inferences coming from? Where are the facts of the logic and rationality? Mr White should account for his unfounded claims."

He said it was due to this aspect which he was submitting that he cross-examine White.

Character assassination

Mabuyakhulu also dealt with claims that political interference resulted in charges against him being withdrawn.

He submitted he believed there was never a need for him to be charged in the first place, and he made no representation to have the charges withdrawn.

"In conclusion, Mr Chairman, I submit that this commission is about establishing facts, and it cannot become a platform for rumour mongering and baseless conjecture.

"It's my respectful submission that in the quest of establishing the truth from the facts, we should seriously guard against those who would waste the precious time … of this commission…"

Mabuyakhulu said the Intaka case and his arrest resulted in his character being "assassinated" and his dignity impugned.

"Statements made by Mr White before this commission on this very painful matter and his repetition of baseless accusations against me serve to further impugn my character…" 

He reiterated this was why he felt strongly he should cross-examine White so he could "explain himself on the inconsistencies of his affidavit to this commission".