Former University of KwaZulu-Natal dean Prof Pumela Msweli-Mbanga will have to answer to a charge of corruption after she failed in her attempt to have a damning forensic audit declared inadmissible as evidence against her.

The audit, done by PricewaterhouseCoopers at the instance of university vice-chancellor Prof Malegapuru Makgoba, was boosted by investigations by detective Superintendent Piet du Plooy of Durban's commercial crime unit.

The combined probe is a powerful weapon for the state in its attempt to prove that Msweli-Mbanga accepted R16 150 from her co-accused, junior lecturer Nobubele Potwana, for assisting in the awarding of her doctorate.

For the past six months, both women have tried to have the audit thrown out of court. But, on Friday, Durban Commercial Crime Court magistrate Blessing Msani ruled that the evidence could be used against them.

During the trial-within-a trial, their lawyers argued that Makgoba had had no power to authorise a forensic investigation into the matter, and that the information had been "illegally obtained".

They accused Makgoba of "acting in revenge" because Msweli-Mbanga had made allegations of sexual harassment against him and the university council chairman at the time, Vincent Maphai.

Makgoba denied that his "vision had been clouded" by this incident. He said he was legally entitled to investigate any wrongdoing and criminal conduct, and did not need council permission to do so.

On Friday, Du Plooy said he had opened the criminal case in February last year after consultations with the auditing firm. He had subpoenaed bank statements and obtained affidavits.

He had also offered a deal to Potwana if she turn state witness, but she refused.

Msweli-Mbanga and Potwana's arrests in April last year came in the wake of the sexual harassment scandal that was resolved after an independent tribunal, headed by retired judge Alan Magid, cleared Makgoba and Maphai of any wrongdoing.

However, at the time, Msweli-Mbanga was also implicated in the awarding of a master of commerce degree to former university chief financial officer, Prof Kanthan Pillay.

Pillay's degree was withdrawn and he was fired.

It was this scandal, Makgoba told the court, which had prompted him to contract the auditing firm to investigate the matter further.

According to the charge sheet, Potwana - a Petronet employee - was a management studies student at the time, and Msweli-Mbanga was her supervisor. It is alleged that a Petronet cheque was issued and paid into Msweli-Mbanga's account as a reward for helping Potwana to get her doctorate.

It is also alleged that Msweli-Mbanga instructed the faculty officer to place Potwana's name on the graduation roll in April 2005, although her thesis had not been assessed completely.

During cross-examination in the trial-within-a-trial, Makgoba disclosed that Msweli-Mbanga's ex-husband, Hector, had blown the whistle on her, saying she had accepted money for helping students, and that Potwana had also given her a sheep to slaughter.

Du Plooy, in his testimony, said he had obtained a statement from Hector Mbanga.

The trial will resume in February next year.

With acknowledgements to African Crisis.