Zandile Gumede trial: Former eThekwini officials unaware of tender protocol violations
Former mayor of eThekwini, Zandile Gumede.
Image: Nomonde Zondi
The Durban High Court, hearing the R320 million Durban Solid Waste (DSW) tender corruption trial this week learned that the former City manager of eThekwini Sipho Nzuza and the ex-deputy head of Supply Chain Management (SCM) Sandile Ngcobo were not aware that certain protocols were not undertaken before the awarding of the tender in 2018.
The former eThekwini bosses are accused, along with the former mayor of the city, Zandile Gumede, and 19 others, of numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the tender.
The court has learned that since the contracts were set to expire on December 31, 2017, the Solid Waste Unit stated that it was imperative to hire experienced service providers to collect waste in 2018.
During cross-examination by defence counsel Advocate Jimmy Howse SC, he questioned a State witness who was part of the Executive Acquisitions Committee (EAC), established by Nzuza to advise him on recommendations made by the Bid Adjudication Committee (BAC).
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Former eThekwini city manager Sipho Nzuza.
Image: Doctor Ngcobo / Independent Newspapers
Howse asked the witness why, in her capacity as an EAC member, she did not alert Nzuza that compliance checks had not been completed.
He also asked her why she did not tell Nzuza that the BAC had approved the quotations of contractors to collect waste and that this had to be reviewed by the EAC.
The witness, who cannot be named, said Ngcobo had told her that EAC was not a statutory committee. She said when Ngcobo came to her office on December 28, 2017, to request her to prepare letters of award as per Nzuza's instruction, she raised this with Ngcobo, who told her that Nzuza had the final say.
'How could I have advised him(Nzuza) when I was told that EAC is not a statutory committee. I was not sitting on EAC at that time because I was on tenders and contracts,' the witness said.
She also said that she told Ngcobo that compliance checks were not done.
Howse asked her why she did not mention this when she was writing her affidavit. He said she did write that compliance checks were not completed but she did not state that she alerted Ngcobo about this on December 28.
'Because what Ngcobo and I mostly disagreed on was that the report (the BAC decision) had to go to the EAC,' she replied.
The witness added that one of her concerns was that she did not have staff to draft the letters of award.
When it was put to the witness that she was duty bound to tell Nzuzo about any concerns she tresponded that she had raised her concerns with Ngcobo and it was his responsibility to inform Nzuza.
When Howse put it to the witness that she failed to do her job, the witness disagreed with him and said she did her job to the best of her abilities.
A new witness is expected to start her testimony on Friday.
nomonde.zondi@inl.co.za
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
a day ago
- IOL News
Zandile Gumede's lawyer claims State has ignored court order in fraud investigation
Former eThekwini mayor Zandile Gumede and her spokesperson, Siphelele Jiyane, outside the Durban High Court. Image: Tumi Pakkies / Independent Newspapers It has been 10 days since the Durban High Court issued an order compelling the State to disclose evidence regarding a fraud investigation into former mayor of eThekwini, Zandile Gumede. However, her lawyer says the State has not honoured the court's order. Gumede is currently on trial with 21 others for money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million Durban Solid Waste (DSW) tender. The evidence sought by the defence is a report done by Masama Consulting, which found that the appointment of the Integrity Forensic Solutions (IFS) was unlawfully made by eThekwini's City Integrity and Investigations Unit (CIIU). According to the evidence before the court, CIIU received a stack of documents alleging irregularities in the DSW tender. The IFS was then hired to look into it. Following an investigation by the IFS, the Hawks were given the case, and arrests were made. On Friday morning, Gumede's counsel, advocate Jay Naidoo SC, told the court that the 10 days had passed and the State had not given him anything. Counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that they were waiting for the eThekwini city manager's response. 'Two days after the order was issued, the investigating officer served it to the accounting officer (city manager), and we haven't received a response,' she said. Judge Sharmaine Balton said the municipality should comply with the court order. Balton said the State needed to give the defence, among other things, a whistle-blower report dated May 9, 2023, the forensic investigation report, together with all annexures compiled by Masama Consulting (mostly referred to as the Masama report), and the CIIU's recommendations on actions to be taken. Additionally, she said a copy of the record of the disciplinary proceedings instituted against the CIIU's top investigator by the municipality should be made available to the defence. She added that a charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence. Additionally, the matter was postponed to Monday as the new witness, Zithulele Mkhize, did not take the stand. This was due to the 13th accused, Mkhize, being sick. His counsel, advocate Willie Lombard, told the court that his client was sick and handed in a medical report. He submitted a copy and an original medical report.
The Herald
a day ago
- The Herald
Several successful projects unveiled by MDBA
Since it was established in 2003, the MBDA flourished and it did so due to an enabling and stable political environment, an era predating coalition government. It is important to remember that the MBDA is intrinsically linked to its shareholder through several accountability measures, and all of these are founded on two key pieces of legislation, the Municipal Finance Management Act No 56 of 2003, the Municipal Systems Act and various regulations that set the tone for accountability. The legislation gives council the authority to appoint the accountability structures, the board of directors, the members representative committee and equally important, the independent audit committees, and council has the sole means to hold them to account. The establishment of audit committees in municipalities and municipal entities is a critical requirement under the Municipal Finance Management Act (MFMA) to ensure sound financial governance. As part of their responsibility for financial administration, accounting officers (CEOs) must take all reasonable steps to establish and maintain effective, efficient and transparent systems of financial and risk management, internal control and internal audits that adhere to prescribed norms and standards (sections 62 and 95 of the MFMA). Furthermore, Section 166 (1) of the MFMA mandates that every municipality and municipal entity must have an audit committee, which plays a crucial oversight role. It is evident that these structures and accountability measures are at the disposal of the parent municipality to exercise control over the entity. In addition, the Acts also encourage meaningful public participation and stakeholder engagement in the activities of local government, and that is why platforms such as this are necessary, to keep the citizens and ratepayers informed and involved. When I joined the MBDA in June 2023, the entity's plans for the 2023/2024 financial year were already set and in motion. I accepted that I would work with what I inherited while rebuilding and refocusing the entity for the following year, 2024/2025, the financial year we are currently in. Our goals for 2024/2025 are lofty, and that is to achieve record institutional performance in terms of budget expenditure and service delivery focused key performance indicators ( KPIs). We adopted the 95% budget expenditure performance framework as it applies in our sector, and I am happy to report that we are firmly on track. However, there are only two impediments that are now beyond our control, they are the termination of the construction contract related to Moore Dyke due to disputes with the contractor, and the capital funds earmarked for multipurpose centres that are wholly inadequate and cannot be spent fruitlessly. As evidenced this week, on Tuesday we held the official handover of the Helenvale Extension 12 community park developed at a cost of nearly R4m from a co-funding agreement between the municipality and the German Development Bank, KFW. The park is set up to promote safety and peace and planted with indigenous fauna that is self-sustainable. The work included the construction of a seated pavilion area, paved pathways, a five-a-side and netball court, children's play area and outdoor gym facility. This milestone was achieved due to improved focus on project delivery and accountability we introduced, known as the 'war-room' with one main objective, to unblock and troubleshoot project management. On June 11, we will unveil yet another key community development project that has reached completion and is ready for use. The New Brighton community waste drop-off site came from pleadings by the community through the ward councillor and was facilitated with the assistance of the public health directorate. The project is a solution to rampant illegal dumping in the area which creates health hazards. We also recognised this as an opportunity to turn waste into economic potential, so we trained community co-operatives that will be managing the site in partnership with the municipality. Built at a capital cost of R5.5m, the project created much-needed work opportunities in that community and will provide a lasting solution to illegal dumping. On the tourism asset development front, the St Peters Rainbow Village will finally open to receive local, national and international visitors. By securing the property, the MBDA could protect the heritage of the area and restore some dignity for those who called South End home for decades. The remains of the church represent one of the last remaining structures from the 1960s forced removals. Going beyond the restoration of the old church, we have created a unique and must-see tourism offering that will appeal to all markets. The rehabilitated St Peters Rainbow Village now offers a space for outdoor events, educational and community activities, a small amphitheatre, and the opportunity for guided tours celebrating South End's rich history and culture. Also, in June, as part of initiatives to commemorate 22 years of urban redevelopment, we intend to honour a former leader and founding member of the first democratic local government of the Bay. An individual that played a leading role in shaping the vision that enabled the existence of the MBDA, someone who represents a cohort of collective leadership that provided a conducive environment for the MBDA to flourish. The phrase 'Without vision, the people perish' is from Proverbs 29:18 in the Bible. It means that without a clear goal or direction, people become unrestrained, cannot focus and cannot reach their goals. The phrase emphasises the importance of having a clear vision or goal, and currently it is difficult to identify what the current vision is for the Bay. The Herald
The Citizen
a day ago
- The Citizen
KZN education opens criminal case over teacher job scam
The scam reportedly involved soliciting payments from job-seeking educators with the promise of securing permanent employment. Head of Department Nkosinathi Ngcobo at the Durban Central Police Station. Picture: X/@DBE_KZN The KwaZulu-Natal Department of Education has opened a criminal case following shocking allegations of a job scam involving the fraudulent sale of teaching posts. Department head Nkosinathi Ngcobo laid a charge of fraud at the Durban Central Police Station on Thursday morning. The charge followed reports that an individual had allegedly been collecting money from educators in exchange for false promises of permanent teaching positions. 'Zero tolerance' 'We, as the Department of Education, are fully aware of this and condemn this fraudulent behaviour in the strongest terms,' said Ngcobo. 'We have zero tolerance for fraud and corruption, and we are committed to rooting out any individuals who seek to exploit our education system for personal gain.' While the department did not reveal the identity of the alleged scammer, it confirmed the suspect is believed to be an educator. The scam reportedly involved soliciting payments from job-seeking teachers with the promise of securing permanent employment. ALSO READ: Nsfas slams 'fake news' about registration portal closure Full cooperation with the police Ngcobo emphasised that the department is working closely with law enforcement to ensure the matter is thoroughly investigated. 'We are cooperating fully with the law enforcement authorities to ensure that the investigation proceeds without delay, and that those responsible are held accountable for their fraudulent teacher job scams,' he said. ALSO READ: Sassa slams fake ads targeting job seekers online Rise in fake job scams Earlier this week, the South African Social Security Agency (Sassa) slammed fake online advertisements targeting vulnerable job seekers with false promises of employment. The agency responded to a post on X (formerly Twitter) that falsely advertised positions for 'Finance Clerks 2025' and 'Grant Administrators (x21)', claiming salaries of R22 412 per month with no prior work experience required. Both posters directed applicants to a website not associated with Sassa or any government department. The posts listed locations such as Sassa's head office in Pretoria and vaguely referenced 'selected Sassa offices in South Africa.' Sassa said in a post that it is aware of the fake adverts online. For accurate information, the agency urged the public to visit its official website. 'Please note that all official Sassa vacancies are advertised only through our official website and trusted government platforms,' it said. NOW READ: Education department clears the air on school calendar 'changes'
