In court the main arguments by the entities and individuals which opposed the joinder application included that some of the funds received via the contracts awarded to Digital Vibes had already been repaid.
JOHANNESBURG - Special Tribunal Judge Lebogang Modiba has found five individuals and entities linked to former health minister Zweli Mkhize’s family have a vested interest in the civil litigation the Special Investigating Unit has launched to try and recover state funds that were paid over as part of the Digital Vibes saga.
Modiba granted the SIU’s application to join them to the litigation on Wednesday morning, saying the question of whether or not the individuals and entities were, in fact, liable - which had been the focus of their opposition - was for the judge presiding over the main application to decide. It also argued that the transactions were in fact all above board and that they themselves were simply "innocent victims".
But Modiba found their versions inconsistent. She also found it was for the judge presiding over the SIU’s application to review and set aside the contract and to recover the monies paid over in the course thereof to decide on whether these versions should be accepted. Ultimately, she said all the SIU had to show was that the entities and individuals it wanted to join had a "direct and substantial interest that may be prejudicially affected by the court’s judgment" in the main application.
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