The Eastern Cape leadership of the ANC, judges of the high court, a prominent local attorney and a wealthy Johannesburg businessman have all been drawn into the R631-million Amathole toilet saga.
The contract to provide toilets was illegally awarded to the Siyenza Group last year (see report on page 5). The company’s Johannesburg attorney Themba Langa has accused prominent local attorney Dumisani Tabata, who represents the Amathole district municipality (ADM), of having “leaned on” two high court judges to get a favourable ruling on the controversial toilet case.
SHODDY: An unidentified woman next to a toilet at her home in Kwelera. She says she never used it and it collapsed a week after it had been erected Picture: SINO MAJANGAZA
Langa made the claims in a letter to Eastern Cape Judge President Themba Sangoni, stating that Tabata’s alleged action was supported by the provincial ANC leadership.
The ANC has denied this and Tabata is now suing Langa.
In his letter, dated September 11 this year, Langa alleges that Tabata was “acting on the instructions of” businessman Mikki Xayiya. Langa also gives a veiled warning about Xayiya’s “immense political clout and extraordinary financial resources”.
Langa did not respond to the Dispatch’s requests for comment, saying he was “not in a position to facilitate” the questions.
Sangoni has not acted on Langa’s claims which, potentially, taint all the judges in his division, although Langa expresses gratitude in the letter “for two judges who have refused to be ‘corrupted’”.
Siyenza Group takes ADM to court
Tabata, who represents the ADM, confirmed that both he and his law firm had issued civil summons against Langa for defamation damages claiming he had attempted to defeat the administration of justice.
He said the allegations were “false and defamatory” and a “gratuitous attempt to impugn my professional integrity and reputation, and that of the firm”.
“Mr Langa will no doubt welcome the opportunity to produce evidence in court to substantiate his allegations,” Tabata said.
Langa represents Blue Nightingale Trading 397 (Pty) Ltd which in court claims to trade as Siyenza Group, and which was awarded a R631-million tender by ADM.
“We have been reliably informed that Mr Tabata, the senior partner of Smith Tabata Inc, has made the attempt to ‘lean’ on two judges, whose names are known to us.
“According to our extremely reliable information, the two judges complained to a mutual friend that Mr Tabata had ‘leaned’ on them to arrive at a decision that was favourable to ADM.”
He said Tabata allegedly told the judges “that his view on the matter was shared by the leadership of the ANC in the Eastern Cape”.
ANC provincial spokesman Mlibo Qoboshiyane said the party had not appointed an attorney as the matter was between ADM and Siyenza.
“We just need justice to prevail and no short cuts,” he said crisply, adding there was no reason for the ANC to influence judges “on this crucial public interest issue”.
Langa makes the claim that Siyenza had been victimised by Xayiya’s “intense endeavours” to compromise the implementation of the ADM contract.
He adds that Xayiya had “already infiltrated” the Daily Dispatch “to misconstrue and wrongfully report on” implementation of the contract.
Xayiya is a wealthy businessman who sits on various company boards, including Specialised Services Group. Previously he was executive chairman of Mvelaphanda and was also a former Times Media Group (owners of the Dispatch) board chairman.
Siyenza workers not paid for two months
Tabata confirmed yesterday that he had issued summons for defamation against Langa but did not disclose how much he was claiming.
He said he was obliged to defend his own and the Smith Tabata corporate names.
Langa refused to discuss the matter when the Dispatch called him at his office, stating that his client had never received fair coverage from the newspaper.
Despite sending questions to Langa’s office 24 hours ahead of time, he said yesterday he could not “facilitate” the questions.
Sangoni said he had not taken the matter further after Langa wrote to him although he told the attorney that if circumstances warranted it, an application could be made for the assigned judge to recuse himself.
However, Sangoni said he was concerned that in his letter, Langa had not named any judges allegedly approached by Tabata.
Two sources have confirmed to the Dispatch that Xayiya has also issued summons against Langa for defamation. However, Xayiya could not be reached for comment yesterday.
In an e-mail yesterday, Langa made allegations against Dispatch staff, including that Xayiya “had some of the senior journalists of Daily Dispatch on his payroll”.
“It is transparently misleading and fraudulent for you to portray the matter to be between the two lawyers only.”
lSee also page 5