A bid by the state to appeal against the discharge of ANC heavyweight Mike Mabuyakhulu and others charged with corruption in relation to the failed 2012 R28.5m North Sea Jazz Festival project is back on the table.
The Supreme Court of Appeal SCA ordered the decision of KwaZulu-Natal high court judge Mahendra Chetty, dismissing the states application for special leave to appeal, be referred to the SCA for reconsideration, and oral argument, including on the merits, if requested by the court.
Mabuyakhulu the ANC's provincial task team co-ordinator and 15 others, including former economic development department head Desmond Golding, event organisers Ceaser Mkhize, Mabheleni Ntuli, Basil Ninela and his wife Brenda, Nothando Zungu, Ntokozo Ndlovu and Njabulo Mkhize faced fraud, money-laundering and corruption charges relating to the festival.
The state alleged the service providers were irregularly paid and the politicians received kickbacks.
In May 2023, Chetty, in an application at the end of the states case, effectively acquitted the accused without them having to put up a defence. This, he said, was because there was not a shred of evidence against them.