06 Aug 2026

 The state has submitted before court that a loan from Wise Creatives (Pty) Ltd to former Minister of Minerals and Energy, Lefoko Moagi, constitutes valuable consideration, and is therefore an act of corruption.

The prosecutor, Mr Ambrose Mubika of the Directorate of Public Prosecutions (DPP) said this on Tuesday when opposing the defence’s “no case to answer” application.

“The most damning evidence against the accused person is that he was found with the card belonging to Wise Creatives,” Mr Mubika said.

He said in terms of the law, valuable consideration were defined as a gift, benefit, loan or reward.

“If the accused’s defence is that the money was a loan, then the defence has no case because a loan is a valuable consideration,” he said.“Assuming it was a loan, what were the terms of the loan? Was Wise Creatives registered to issue loans? Did they have licences from NBFIRA? If it was a loan, why is it in the account of the loan giver?” he asked.

Mr Mubika also asked why it was not declared to  Permanent Secretary to the President, to the Ethics and Integrity Committee, or to the investigating officer, if it was indeed a loan.

The prosecutor noted that in his view, the argument that the money was a loan missed the whole point.

He said it was common cause that the money on the credit card was given to the accused and that he had access to the whole P4.7 million.

He said the state had proved that the accused had access to the account and had used almost P1.8 million of the money, hence the state’s position that he has to explain what the money was for.

When making the application, defence lawyer Mr Tengo Rubadiri argued that the state’s case must collapse as there was no evidence on which a proper conviction could be obtained.

He said the accused faces a single count of corruption, relating to funds that were allegedly a reward for the issuing of prospecting licences to New Energy (Pty) Ltd.

“We know for a fact that the licences were issued to New Energy and signed by the Honourable Minister as required,” he said, arguing that nothing improper was done by the then minister in issuing the licence.

Mr Rubadiri further said there was no evidence on record that New Energy gave a reward to the former minister.

He said in terms of the law, the state must prove that the money was given as a reward for the issuing of the licences to New Energy.

“It is simply not there,” he said, adding that there was no evidence to suggest that the P4.7 million was for his client.

He further said there was no evidence to suggest that the accused was involved in the awarding of tenders, adding that this was even supported by technocrats called to give evidence by the state.

He also said the investigating officer had failed to show the relationship or association between the three companies: Wise Creatives (Pty) Ltd, New Energy (Pty) Ltd and Ryders (Pty) Ltd.

The ruling on the no case to answer application is reserved for September 29. ENDS