The Durban High Court yesterday acquitted former KZN MEC for Economic Development and Tourism Mike Mabuyakhulu of corruption and fraud charges.

Mabuyakhulu made an application last week on the basis of Section 174 of the Criminal Procedure Act 51 of 1977.

The act involves the right of an accused to be discharged from the offence he has allegedly committed when, at the close of the state’s case, there is no evidence on which the court may draw that conclusion.

Mabuyakhulu, along with 15 others and companies, were charged with corruption, theft, and money laundering to the value of R28m, in connection with the North Sea Jazz Festival in 2012, which never happened.

Mabuyakhulu had previously lodged a permanent stay of prosecution bid and failed, and he later asked the court to separate his trial from the rest, saying the delays were hampering his political career, but the court dismissed this request.

The court’s judgement

Reacting to the court judgment yesterday, Mabuyakhulu said: “The victory today is two-fold. It is the victory of the Freedom Charter as well as the triumph of the truth over untruths.”

He said it had been a long journey, but one where he and his legal team have sought to carry themselves with dignity and protect the democratic project at all costs.

Mabuyakhulu said, at the beginning of March 2019, that he voluntarily wrote to the secretary-general of the ANC as well as the provincial secretary, requesting recusal from the ANC list for members who could be deployed by the ANC to either the National Assembly or the Provincial Legislature because ‘he did not want to mar the reputation of our movement’.

In August 2020, he wrote to the provincial integrity commission, asking to appear before the same commission regarding the matters that had landed him in court.

“After appearing before the integrity commission, it found that [I] had not done any wrong and could continue with [my] duties as the deputy chairperson of the ANC in KZN at the time. On April 22, 2021, [I] also voluntarily wrote a letter to the office of the secretary-general of the ANC and the provincial secretary, informing them of [my] decision to step aside from [my] position as elected deputy chairperson of the ANC in KZN,” said Mabuyakhulu.

The ANC in KZN welcomed the withdrawal of the charges against Mabuyakhulu.

ANC provincial secretary Bheki Mtolo said comrade Mabuyakhulu displayed a high level of discipline and maturity from the day law enforcement agencies laid charges of corruption against him.

“As a public display of selflessness, he voluntarily recused himself from any deployment to any sphere of government,” he added.