Mbabane : The medical supplier embroiled in the multimillion-emalangeni tender dispute has asked the High Court to direct the Registrar to refer the matter to the Director of Public Prosecutions (DPP) for possible criminal action over alleged forgery.
Sumoy Ghosh, managing director of Pride Oasis (Pty) Ltd, makes the request in a counter-application filed in the ongoing proceedings against Africa Harvest (Pty) Ltd and Bongani Sibusiso Dlamini.
In his founding affidavit, Ghosh alleges that the case before court is founded on fraudulent documents and forms part of what he describes as a scheme to hijack his company’s medical supply business linked to Ministry of Health tenders valued at over E25 million.
He states that after refusing to grant the respondents control over his company’s finances and structure, they allegedly created forged agreements to manufacture a dispute and justify the freezing of the company’s bank accounts.
Ghosh denies signing a partnership agreement cited as annexure “AH2”, describing it as a “cut-and-paste digital forgery.” He claims his signature and company stamp were lifted from a legitimate document and superimposed onto the alleged agreement.
He further disputes a facility agreement, annexure “AH3”, which purports to bind the company to a E24.7 million facilitation fee. According to Ghosh, the document was signed by Dlamini, who he says has no authority to act on behalf of the company.
Ghosh also challenges financial documents relied upon by Africa Harvest, arguing they contain spelling errors and lack key details, which he says indicates fabrication.
In his application, Ghosh asks the court to order the surrender of the original documents and direct the Registrar to hand them to the police for forensic analysis.
He further seeks an order compelling the Registrar to refer the conduct of the respondents to the DPP for investigation into possible charges including forgery, uttering forged documents and perjury.
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