Olopeng �dumps� Guma
Oarabile Mosikare | Friday August 7, 2015 18:03
Olopeng and Guma are currently fighting off allegations of bribery and corrupt dealings by the Directorate on Corruption and Economic Crime (DCEC).
In his answering affidavit before the Village Magistrate court, Olopeng who is also an MP for Tonota deposed that he had previous business dealings with Guma through a company called Leasing Services (PTY) LTD.
“I have had previous business dealings with my colleague at Parliament Mr Samson Moyo Guma particularly through a company called Leasing Services (PTY) LTD where we were co-directors/shareholders until I resigned at a meeting held on the 11th December 2014,” said Olopeng.
He said following his resignation, the required paper work, Form 13, was duly filed with the Registrar of Companies and Intellectual Property on December 12, 2014.
As part of the minister’s resignation discussions, certain calculations were prepared by Moncho’s Associates to determine what was payable and due him as a consideration for his shares. According to the summary of proceeds and payables as at November 30, 2014, Olopeng was paid P3,433,072.79 and Guma also got the same amount.
Olopeng disassociated himself from the first respondent, IRB Transport and said he had no interest in the company, which belongs to Guma.
“I must state that for the record, I do not have any interest whatsoever in the said company and accordingly I am not aware of its dealings save only where it has hired some trucks from my other company Safari Company (PTY) LTD.”
He noted and admitted that the DCEC is conducting some investigations as he was told and interviewed on the same.
He said the DCEC, however, did not come out clearly as to the nature of the investigations save to only refer to Section 29 and 34 of the Corruption and Economic Crime Act.
“Other than referring to the said sections, nothing is being said as to what I am suspected to have done, which constitutes an offence or offences, contrary to the said sections.”
The minister said he could only talk about his personal account and not the IRB Transport as he had indicated that he was not privy to the business dealings or otherwise of the said company other than where his company Safari Computers was engaged.
“Accordingly, I am not in a position to explain or answer to the transaction of P25,948,907.91 allegedly received by the third respondent on behalf of the first respondent,” said Olopeng who is the second respondent in the matter.
The first respondent is IRB Transport while the third respondent is Standard Chartered Bank. He confirmed that he received money from IRB Transport representing the value of his shares transferred by its director, Guma in respect of Leasing Services.
“I must state that I received the said money as a bona fide and innocent receiver as I believed I was entitled to be paid for my shares following the resolutions attached hereto. I am however not privy to the origins or where the said money was sourced,” wrote Olopeng.
He stated that he was also at a loss as to why a warrant was being sought or has been issued against his other companies.
“The deponent has not come out in the open as to the offences which are being investigated concerning myself and the said companies. I am therefore unable to substantively respond.” He, however said given the investigations, he was willing to cooperate with the applicant, the Director of Public Prosecutions, in so far as the funds or specified property concerned is an issue.
“Accordingly the restraining order in so far as it related to a specified property under investigation will not be disputed.
“I however plead that the honourable court invoke the provisions of Section 35 (4) of the Proceeds and Instructions of Crime Act, 2014 to allow for payment of my reasonable living expenses, reasonable legal expenses as well as business expenses.
“I must state that this is the account where my salary and other work-related allowances like imprest are being deposited by my employer, the government.
“Accordingly to restrain the whole account will affect my performance of government duties as a minister, let alone my day-to-day survival and that of my dependants,” he decried.
Alternatively, he prayed that the funds in issue could be transferred to an alternative interest-bearing account to allow him to access his personal finances without interfering with investigations.
“This is because I do not have any intentions to interfere with the investigations which are being conducted by the applicant.” The case continues on September 9 before chief magistrate Lenah Oahile-Mokibe. Guma’s lawyers Dick Bayford and Moses Kadye are expected to brief the court on whether they would appeal the magistrate’s decision.
This was after Oahile-Mokibe early this week dismissed their application to file more affidavits. Attorney Onkagetse Pusoentsi represents Olopeng.