State raises conflict of interest in Malusi Gigaba's corruption case

The State has raised a conflict-of-interest concern in the corruption case against former Public Enterprises Minister, Malusi Gigaba, linked to the procurement of Transnet’s locomotives.

Prosecutor advocate Santhos Manilall told the court that Gigaba’s instructing attorney is also representing a key state witness whom authorities have been pursuing for over a year.

Gigaba, along with five other accused, made a first appearance in the High Court in Johannesburg after the case was transferred from the Palm Ridge Specialised Commercial Crimes Court.

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The State argues that the attorney cannot represent both an accused and a possible State witness in the same matter, describing it as a clear conflict of interest.

Advocate Manilall told the court that despite raising the issue in writing last November and requesting that instructing attorney Ian Levitt choose between the two clients, the State said it had received no response.

It now wants the court to determine the matter to safeguard the integrity of the proceedings. However, the judge has left it to the legal teams to resolve this by the next appearance in May.

Malusi Gigaba, along with Anoj Singh, Brian Molefe, Siyabonga Gama and Thamsanqa Jiyane, are facing varying charges of corruption and money laundering arising from Transnet’s locomotive procurement programme between 2010 and 2014.

The State alleges that tender processes were flouted and three contracts, for 95, 100 and 1,064 locomotives, were irregularly awarded, resulting in Transnet losing billions of rand.