Former MTN SA boss Maanda Manyatshe will square off in court tomorrow against the forensic auditor he hired to defend him against allegations of fraud and corruption, dating back to his tenure as CEO of the South African Post Office (SAPO).
Henderson Solutions CEO Bart Henderson is suing Manyatshe for R6.2 million, claiming non-payment by the latter, after spending two years as a key strategist successfully clearing the ex-MTN boss's name.
The lawsuit was filed in late 2010, but has been dogged by several delays. Henderson's lawyer, Louise Viljoen, says the parties are finally set to argue technicalities relating to the claim tomorrow.
The matter will be heard in the Western Cape, but Manyatshe's lawyers are arguing that it should be moved to Johannesburg, as that is where he is domiciled, says Viljoen. The defence has also raised issues with the claim, and Viljoen explains that once the technicalities have been ironed out, a date for arguments on the merits of the case can be set, but this is not likely to happen this year.
In court papers filed earlier, Henderson details how he was hired by Manyatshe in 2006, who was, at the time, facing allegations of tender irregularities to the amount of R2 billion, levelled against him by SAPO, of which he was CEO until 2004. Manyatshe subsequently took up the top position at Africa's largest cellular operator, but stepped down two years later, amid the accusations made against him by his former employer.
SAPO also made similar allegations against architectural design agency Vision Design House (VDH), which received the tender to upgrade various post office branches.
law. Manyatshe subsequently sued SAPO for R270 million for reputational damage.
Henderson argues he has not been paid by Manyatshe, despite an agreement that he would earn 10% of the settlement with SAPO. Manyatshe settled for an apology, which would only entitle Henderson to “10% of nothing”, a settlement Henderson says he would never have sanctioned.
The claim for R6.2 million is based on the 450 days Henderson spent clearing Manyatshe's name. He also claims an alternative amount of R5.4 million, which he could have earned had he not wasted the hours working on Manyatshe's case.
Confidential
Meanwhile, Henderson has publicly revealed that, during his defence of Manyatshe, he relied extensively on documents supplied to him by Manyatshe, which merits questioning the source and origin of these documents.
He says it must be questioned who supplied Manyatshe with confidential ministerial documents, post office board minutes, a ministerial investigation draft and final documents, copies of confidential internal letters to the SAPO board, internal communiqu'es from the desk of the minister of communications, and internal letters from the desk of the chairman of the post office.
ITWeb is in possession of copies of several of the aforementioned documents, but Manyatshe has refused to be drawn on his sources, or the potential implications of these documents coming into his possession.
In response to a list of questions sent to him via his lawyer, Manyatshe stated that the current lawsuit and the documents “have nothing to do with each other”. He also refused to make any comment ahead of tomorrow's hearing.
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