Former Transnet CEO Brian Molefe and former Transnet CFO Anoj Singh appear at the Palm Ridge Specialised Commercial Crimes Court on 29 August 2022. Picture: Gallo Images/Felix Dlangamandla
The high-profile corruption case involving former Transnet executives will go to trial in 2026, with at least 70 state witnesses expected to testify.
The accused, including former Transnet CEOs Brian Molefe and Siyabonga Gama, former CFOs Anoj Singh and Garry Pita, and former treasurer Phetolo Ramosebudi, appeared in the Gauteng High Court in Johannesburg on Friday.
They were joined by Regiments Capital directors Niven Pillay and Litha Nyhonyha, Regiments shareholder Eric Wood, Trillian Asset Management director Daniel Roy, and Albatime owner Kuben Moodley.
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The case, previously postponed last October to allow the state to provide the defence with further particulars, stems from a locomotive transaction advisory tender awarded to a McKinsey-led consortium in 2012.
The tender led to the procurement of 1 064 locomotives valued at more than R54 billion.
The accused, all currently out on bail, face charges including contravention of the Public Finance Management Act (PFMA), fraud, corruption, and money laundering.
During the proceedings, state prosecutor Santhos Manilall informed Judge Mohamed Ismail that charges against McKinsey and Trillian had been withdrawn, resulting in an amended indictment.
“We issued the initial indictment, where there were 15 accused, and we withdrew against two of the accused.
“I have handed in an amended indictment, and in the amended indictment, you’ll note that there are several charges that do not appear. Those are the charges that we wish to withdraw,” Manilall explained.
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He also confirmed that the state would call at least 70 witnesses during the trial.
“I would imagine that the state’s case would take between three to four months.”
The prosecutor further highlighted that the defence had requested better particulars from the state.
Ismail expressed frustration with the delays, emphasising the need for clear deadlines.
“I’m not going to give you an open-ended date,” the judge said.
“It’s been two and a half years, and the case hasn’t started.”
Advocate Kenny Oldwage stated that, in addition to receiving the final version of the indictment on Thursday, he was also provided with a “quite lengthy” report.
“There was previous a draft report that had not been completed. It relates to a financial investigation in the matter.
“We are busy with that. But from my perspective on behalf of Mr Gama, we will be asking for further and better particulars.
“We will obviously be awaiting a final version of the indictment. I don’t think it’s inopportune for me to tell you that it is still filled with difficulties and problems and inaccuracies, but we’ll address them, in correspondence with the state,” Oldwage said.
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Advocate Marius Van Zyl, representing another accused, echoed these concerns.
“We were provided with further particulars, but not satisfied with the content thereof.
“We’ve also served an application for further particulars, but in the light of the fact that we have now received a new indictment and the numbering of the charges have changed.
“We have to just amend that application, but we will proceed with that application for further and better particulars,” Van Zyl told the court.
Meanwhile, one defence lawyer highlighted her client’s eagerness for a trial date.
“We have, since our first appearance in the regional court, placed on record that this matter must be set down for trial and proper case management needs to happen in this case because what instantly happens is that the goal post is shifted and issues of further particulars are not dealt with timeously.”
She proposed that the trial be set for the first term of 2026 and requested an order with clear timelines to ensure all issues are resolved promptly.
Ultimately, it was agreed that the defence would file their applications by 21 February 2025, and the state would respond by 30 June 2025.
The issue of former national director of public prosecutions (NDPP) Advocate Shaun Abrahams representing Molefe also needs to be finalised before the trial commences.
According to the National Prosecuting Authority (NPA), the matter will be adjudicated by the ombudsman, as the state is opposing his representation.
The case has been postponed to 2 February 2026 for trial.
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