A Wellington lawyer seeking to restore his reputation following findings made against him by Chief Justice Raymond Zondo in his fourth state capture report has had his application to review and set aside its recommendations dismissed by the Supreme Court of Appeal.
Duncan Korabie was implicated in allegedly corrupt dealings by the Zondo Commission into State Capture through his association with the Richtersveld community, for which he acted as lawyer from 2013, and the state diamond company Alexkor, with which the report said he had an expanding relationship.
He was cited as a person of interest in an alleged illegal tender to market and sell diamonds, a joint venture involving Alexkor, the Richtersveld Mining Company, these two entities in a partnership centred on mineral rights, and the more controversial Scarlet Sky Investments 60 (SSI).
SSI, found to have no diamond licence which should have disqualified it from the tender process, was cited as having ties with the notorious Guptas, the brothers at the centre of wholesale looting of South African state assets. The company was also found to have sold the minerals below market value to the detriment of the state and the community, the Zondo report stated.
It recommended that members of the Alexkor tender committee, including Korabie, be investigated by Alexkor and the Pool Sharing Joint Venture for allegedly breaking their fiduciary duties and for fraud or violation of the Companies Act, by deliberately misrepresenting SSI’s compliance with the tender requirements, with a view to possible prosecution.
In his urgent application before the Supreme Court Korabie stated he had not been given the opportunity to testify before the commission, and the findings it had made against him were false. In documents before the court he argued his reputation, work and personal life had been severely impacted by the alleged association with the Guptas.
Judges Nape Dolamo and Hayley Slingers, who heard the lawyer’s case, delivered judgment this week. They say Korabie had provided no real evidence contrary to the Zondo commission’s findings, nor had he provided any satisfactory grounds for determining whether the commission had indeed violated or besmirched his reputation, along with a few other technical weaknesses cited in the application.
Dolamo concluded Korabie was eager to circumvent any possible prosecution, even though “there is no indication that prosecution will be instituted. The judges found the case wasn’t ready for trial, a ruling Korabie said he’ll appeal.
