Former Black Business Council president Danisa Baloyi has been acquitted of all charges related to theft levelled against her in 2017.
FORMER Black Business Council (BBC) president Danisa Baloyi has been acquitted of all charges related to theft levelled against her on May 17, 2017.
Baloyi, along with Dominic Ntsele, Hawa Khan and Abubaker Khan, was acquitted in the Johannesburg Specialised Commercial Crime Court. The trio welcomed the court’s decision.
The State alleged that Baloyi, Ntsele, appointed BBC fundraiser and Director of Incentive Driven Marketing (IDM), Hawa and Abubaker Khan Directors of Merit Energy, deprived the BBC of almost R5 million in sponsorship monies it received from the Airports Company of South Africa (Acsa) to funnel the funds to the bank accounts of IDM and Merit Energy.
Regional Magistrate Brian Nemavhidi found that the State had failed to demonstrate a prima facie case against any of the accused and very pertinently said: “I can’t find any, or any iota of evidence that suggests that a crime of theft or a crime involving money laundering was ever committed because the money ended up with the intended recipient. And as such, without doubt, I grant all of you a discharge in terms of Section 174.”
An acquittal in terms of Section 174 of the Criminal Procedure Act follows as a result of the State failing to demonstrate a case which requires to be answered.
In addition, Magistrate Nemavhidi found that no evidence led to demonstrate any common purpose between the various accused to commit any crime (as contained in the charge sheet) and that the funds were paid on written instruction into the account of Merit Energy, who in turn paid IDM, and IDM finally paid the BBC after the deduction of its commission.
“This five-year ordeal has taken an incalculable financial and emotional strain on everyone concerned, and we now have to look towards the long road of rebuilding our careers. I will now focus my energy on continuing my journey of contributing towards the building of South Africa’s economy through the advancement of black business excellence, skills and development as well as gender and cultural diversity, as I believe these are key pillars for the growth of our economy,” said Baloyi.
– BUSINESS REPORT