PRASA rail theft case: virtual testimony accepted
A key witness will testify from Dubai in the case of over 40km of rail fraudulently uplifted for sale as scrap
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The gravel bed on the right is where part of the Transnet line was uplifted at Sterkstroom in late 2012. Photo: Steve Kretzmann
The state’s application to have witnesses testify virtually in a massive Eastern Cape rail theft case involving a former PRASA regional manager and a Cape Town businessman was granted in the Gqeberha Commercial Crimes Court on Tuesday.
The case involves the upliftment of 42km of Transnet line between Sterkstroom and Khowa in 2012. Mthuthuzeli Swartz, then PRASA Western Cape manager, and businessman Nadir Mohiudeen are alleged to have fraudulently authorised the sale.
Durban-based business Akisisa allegedly paid a R1.5-million deposit for the rail to Mohiudeen. Akisisa general manager Adrian Samuels is a state witness currently under cross examination. Samuels’s cousin, Cedric, who co-owned Akisisa, is also a state witnesses.
The case against Swartz and Mohiudeen has been beset with delays, most caused by Mohiudeen changing attorneys five times and his unsuccessful application for a High Court review of a magistrate’s decision not to provide further particulars of the case against him.
Adrian Samuels now works in Dubai and has twice flown at his own cost to South Africa to take the stand. The first time, his cross-examination by the two defence teams was not concluded during the four days set down for hearing. The second time, Mohiudeen once again changed attorneys, leaving insufficient time. Subsequently, hearings were postponed because Samuels could not afford to fly to South Africa.
State prosecutor Gerrit van der Merwe then applied for virtual testimony and cross-examination to be admitted. He argued this would minimise further delays and save the state the costs of travel and accommodation for witnesses, all of whom now live outside the Eastern Cape.
Mohiudeen’s and Swartz’s advocates opposed the application.
Magistrate Thabisa Mpimpilashe granted the application. She mentioned Samuels having to pay his own costs to travel from Dubai, only for the case not to proceed due to Mohiudeen changing lawyers. She also noted that correspondence she had received indicated there was still uncertainty over Mohiudeen’s legal representation, although his current advocate, Cheryl Sjoberg, said the legal team would not withdraw.
The trial is set down to continue in the Gqeberha Commercial Crimes Court on 10 and 11 September.
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