Widow may be charged after accused husband dies
Publish date: 10 April 2017
Issue Number: 721
Diary: IBA Legalbrief Africa
Category: South Africa
A widow may have to stand trial on behalf of her husband’s company after fraud accused Sizwe Moko (65) died in a car crash last month. The Herald reports while the state had closed its case against Moko Construction’s director, he died before his lawyers could present his defence. Addressing the Port Elizabeth Commercial Crimes Court, the state advocate said she would now apply in terms of Section 332(b) of the Criminal Procedure Act (CPA) for either Moko’s wife or daughter to stand trial on behalf of Moko Construction, as both women were members of the close corporation. If found guilty of the charges, the firm will likely have to pay a fine. Moko was accused of defrauding SARS out of about R1.4m. But defence Advocate Terry Price SC said he would take the matter on review.