Court record: Ntokozo Ndlovu and DMD Capital found not guilty

Ntokozo (Myles) Ndlovu and DMD (Pty) Ltd, also known as DMD Capital, were found not guilty on all charges by the High Court of South Africa, KwaZulu-Natal Division, Durban, on 30 May 2023. The State then applied to take the matter to the Supreme Court of Appeal. On 6 September 2024 the same court dismissed that application.

Both judgments are public court records, published on SAFLII (the Southern African Legal Information Institute). The links below go to the full text.

The case

The matter is S v Golding and Others, case number CCC 63/2019, heard by Chetty J. Ntokozo Ndlovu was accused 14 and DMD (Pty) Ltd was accused 15. They were charged with money laundering in relation to a payment of R3.3 million received in May 2013.

30 May 2023: found not guilty and discharged

At the close of the State's case, the accused applied for discharge under section 174 of the Criminal Procedure Act. The court granted the applications. The order reads:

"1. The applications on behalf of all of the accused in terms of section 174 of the Criminal Procedure Act is granted.
2. All of the accused are found not guilty on all of the charges and discharged."

Read the judgment: S v Golding and Others – In Respect of Section 174 Applications (CCC63/2019) [2023] ZAKZDHC 35 (30 May 2023).

6 September 2024: the State's application dismissed

The Director of Public Prosecutions, KwaZulu-Natal, applied under section 319 of the Criminal Procedure Act to reserve two questions of law for the Supreme Court of Appeal. The court dismissed the application. The order reads:

"1. Condonation is granted for the late filing of the application.
2. The application in terms of s 319 of the Criminal Procedure Act 51 of 1977 to reserve two questions of law for the Supreme Court of Appeal, is dismissed."

In that judgment the court confirmed its earlier finding that "there was not a shred of evidence presented to the court requiring the respondents to be placed on their defence", and that "the respondents were entitled to be discharged at the close of the State's case".

Read the judgment: Director of Public Prosecutions, KwaZulu-Natal v Golding and Others (CCC 63/2019) [2024] ZAKZDHC 61 (6 September 2024).

Summary

  • Ntokozo (Myles) Ndlovu: found not guilty on all charges and discharged, 30 May 2023.
  • DMD (Pty) Ltd / DMD Capital: found not guilty on all charges and discharged, 30 May 2023.
  • The State's application to reserve questions of law for the Supreme Court of Appeal: dismissed, 6 September 2024.

This page quotes the courts' orders as published. For the complete reasoning, read the full judgments on SAFLII at the links above.