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The case involving Employment and Labour Minister Thulas Nxesi and Mthunzi Mdwaba of Thuja Capital encountered a false start as it failed to find its way onto the court roll at the Pretoria High Court on Thursday.
The primary reason for this setback is the case's lack of allocation to a judge.
To address this procedural hiccup, the involved parties convened with Deputy Judge President Aubrey Ledwaba on Thursday to ensure a proper assignment.
The application to set aside the R5 billion UIF Thuja Capital contract couldn't proceed, as explained by the department's spokesperson, Trevor Hattingh.
Mdwaba publicly accused Nxesi and other high-ranking government officials of soliciting a bribe, pointing fingers at mediators representing the Treasury ministry and the higher education and training ministry.
READ: Finance Minister Godongwana slaps Mthunzi Mdwaba with a R1 million lawsuit over bribery allegations
Nxesi vehemently denied these allegations in November, describing the claim that he would approve a R5 billion payment to Mdwaba's company for a corrupt fee of 10% as "strange".
Hattingh emphasised that although Mdwaba made public allegations, he had failed to substantiate them in court proceedings.
The minister challenged Mdwaba to provide evidence supporting the allegations, particularly those implying a corrupt scheme behind Nxesi's decision not to implement an agreement.
Despite Mdwaba filing a notice for the discovery of specific documents on the eve of the hearing, Hattingh noted that these documents were already contained in the minister's affidavit, except for a forensic report that Mdwaba had been informed would not be disclosed.
Hattingh clarified that the case against Mdwaba was not reliant on the forensic report, but on the allegations and documents within the minister's application, including reasons for Mdwaba's removal as chairperson of Productivity SA.
With Mdwaba failing to file an answering affidavit to defend his claims, the minister's team could have obtained orders against him if the matter had been properly enrolled, Hattingh insisted.
Ledwaba scheduled a special hearing for 2 February.
READ: Nxesi goes to court to fight claims that he asked for a R500m bribe in UIF deal
Ledwaba directed Mdwaba to file his response, along with a condonation for the late filing, by 29 January.
Nxesi has until 31 January to submit a replying affidavit and any supplementary arguments, after which Ledwaba will assign the case to a judge.
