As controversial businessman Zunaid Moti's sprawling multibillion-rand conglomerate scrambles to contain a leak of sensitive company information, questions have been raised about the role of the South African Police Service and prominent forensic investigator Paul O'Sullivan.
Lutzkie, an ex-cage fighter turned coal baron, is a former business partner who fell out with Moti and is now engaged in a bitter dispute with companies in the Moti Group. Lutzkie, a key witness in an extraordinary ex parte application to challenge Van Niekerk's arrest and removal to Gauteng, told the judge hearing the case that the information from within the Moti organisation includes evidence of"serious economic crimes".
"This agreement was preceded by extensive due diligence investigations conducted by the Chinese investors. It is worth noting that the Chinese investor is a multinational with extensive interests in Zimbabwe. Moussa was involved in a long term dispute with Moti about the alleged theft of a priceless pink diamond.Neither SAPS nor Sibitane responded to detailed questions, nor did they acknowledge follow-up questions sent to them by amaBhungane.
He accused Van Niekerk of having"stolen" the documents and of acting on behalf of Lutkzie to drive a"false" narrative.Lutzkie told the Durban High Court that Van Niekerk was pulled aside at the airport when on the way to the UK to provide evidence in connection with criminal allegations involving Moti, though Moti has called this claim into question.
Despite the judge's order, police from Sandton SAPS who travelled to Kwa Zulu Natal following the arrest, took Van Niekerk out of the province to Gauteng, where he appeared in the Randburg Magistrate's Court on 27 January. Willoughby claims that Van Niekerk broke the confidentiality provisions in his employment contract and"inter alia, the Protection of Personal Information Act, the Cyber Crimes Act, and the Criminal Procedure Act".
Responding in turn to Willoughby's application, Lutzkie says it is misguided and that the Moti Group, through Willoughby, is trying to take action on behalf of the police and prosecutorial authorities"without any authority to do so".Willoughby's court papers also reveal that legal representatives of the Moti Group met with Petrus Skhosana, the senior public prosecutor at the Randburg Magistrate's Court.
Moti Group representatives have dismissed insinuations by Lutzkie that Moti was connected to Moussa's death as"ridiculous", saying that Moti was only a witness in the Switzerland matter, not an accused. Van Niekerk's lawyer Stephen May has alleged that O'Sullivan's role is concerning and underscores that there was improper"external influence" in the arrest of Van Niekerk.
In O'Sullivan's interview the following day, he in turn accused Moti of acting in"typical mafioso" fashion. Speaking about the Cassim case, he was emphatic:"I carried out an investigation and the facts speak for themselves". Moti, in his unambiguous view, was guilty. O'Sullivan appears to have warmed to Moti as he started falling out with Cassim over money he said was due for the investigation his firm had done for Cassim.
O'Sullivan denied that the judgement he obtained against Cassim had anything to do with his apparent"switch" to Moti. O'Sullivan says that when the state decided not to pursue charges against Moti and it"became apparent that Moti hadHe apologised to the man he had had in his crosshairs not long before"for unwittingly assisting Cassim to extort him".
amaBhungane Paul O’Sullivan is also a convicted spousal abuser.