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IOL News
5 days ago
- IOL News
Urgent tender processes revealed in Zandile Gumede's corruption trial
Former mayor of eThekwini Municipality Zandile Gumede and her sister in-law, Zano Maphumulo. Image: Nomonde Zondi The 14-day cooling-off period did not apply when the eThekwini Municipality awarded the R320 million Durban Solid Waste (DSW) tender in December 2017 due to a deviation from standard tender procedures, a State witness told the Durban High Court on Friday. This is because Section 36 of the Supply Chain Management policy had to be put into effect at this time, and the municipality needed to urgently get service providers to collect waste. The State witness, who cannot be named as per a court order, said this during her cross-examination with defence counsel, Advocate Credo Mlaba. Mlaba is counsel for former city manager Sipho Nzuza, who is the third accused in the matter. Nzuza and former mayor of eThekwini Municipality Zandile Gumede are charged with 20 others for money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to the DSW R320 million tender. 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 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. Next Stay Close ✕ Earlier this week, the witness who worked for the tenders and contracts unit within the municipality told the court that she was forced to issue letters of award to service providers to collect waste without allowing the 14-day cooling-off period. She said she was forced to break internal controls by issuing letters of appointment to companies that had been recommended to collect waste without Nzuza's signature. The court has heard that due to the urgency of the matter, the Solid Waste Unit had gone to the Bid Adjudication Committee (BAC) to ask for authority to source quotations from experienced service providers to collect waste in the city. This is because the contracts of the current service providers at the time were expiring on December 31, 2017. This came after the unit received a lot of bidders in November for this tender and realised that they were not going to finalise the process on time. Additionally, counsel for the fifth accused, Sandile Ngcobo, advocate Jimmy Howse SC, started his cross-examination and referred the witness to a transcript of a BAC meeting on December 19, 2017. The witness attended this meeting. He asked her if Ngcobo was referring to the Solid Waste Unit when he said the compliance checks for the service providers need to be thoroughly done. 'That is correct, Mr Howse. He instructed at the meeting,' she said. The witness also agreed with Howse that Ngcobo said the Solid Waste Unit could get any service provider as long as they were experienced. The court has heard that compliance checks were not done. Additionally, the matter had to be adjourned early as one of the accused, Bhekokwakhe Phewa, was sick. The matter was adjourned until Monday.
IOL News
20-05-2025
- IOL News
Concerns arise over email authenticity in Zandile Gumede's corruption trial
Former mayor of eThekwini, Zandile Gumede, arriving at the Durban High Court with her sister-in-law Zano Maphumulo. Image: Nomonde Zondi The defence has raised concerns about copies of emails obtained from the laptop of the former head of the Durban Solid Waste unit from the eThekwini Municipality, as they have the name of the lead investigator from the forensic company that investigated corruption, leading to the arrest of Zandile Gumede and 21 others. This came up after the cross-examination of advocate Graham Kerr-Philips, who cast doubt on these emails and questioned their originality. The ongoing trial has 22 accused facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, related to a R300 million Durban Solid Waste (DSW) tender. Before the State could start with its re-examination of a contract administrator, who cannot be named as per court order, advocate Jimmy Howse SC said the emails that the State witness had led her evidence on have the name of a lead investigator from Integrity Forensic Solutions CC (IFS). 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 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. Next Stay Close ✕ The IFS is the forensic company that was outsourced by the eThekwini's Integrity and Investigations Unit (CIIU) to investigate DSW tender irregularities after it received a stack of documents anonymously. Howse, who is representing the former head of Supply Chain Management in eThekwini, Sandile Ngcobo, said he does not see how emails, which are a mirror image of Abbu's laptop, would have the name of the investigator. The media is prohibited from naming the investigator as he is a State witness. 'The chain is disclosed in the docket. At the relevant time, it would be proved if they are in dispute,' counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, said. Gumede and Abbu's counsel, advocate Jay Naidoo, reminded that all the exhibits were provisionally admitted. This means the authenticity of the document still needs to be proven at a later stage. About Abbu's medical report, Naidoo said he sent it to Judge Sharmaine Balton's registrar, and he would like the court to guide him on the way forward. Judge Balton said he would have a look at it, and it would be discussed on Wednesday. On Monday, the court heard that Abbu was in an accident which resulted in a fracture of his spine and ribs. He was in court on Monday and is currently wheelchair-bound. The trial continues on Wednesday.
IOL News
19-05-2025
- IOL News
State investigates medical records in Zandile Gumede corruption case
Former eThekwini Municipality mayor Zandile Gumede. Image: Doctor Ngcobo The corruption case against former mayor of eThekwini municipality Zandile Gumede recommenced on Monday morning at the Durban High Court, with the State saying it wants to investigate the medical record of one of her co-accused after he suffered from a fracture of part of his spine and ribs. Gumede's co-accused, Allan Robert Abbu, the former eThekwini deputy head of the Durban Solid Waste unit, is currently wheelchair-bound. He was present in court on Monday. Abbu, Gumede, and 20 others are facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, related to a R300 million Durban Solid Waste (DSW) tender. The counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that the State had preliminary concerns with regards to Abbu. She said the defence alerted them on Monday morning that Abbu had been in an accident, but said the letter from a surgeon did not indicate when the accident happened, but indicated that as of March 29, 2025, he is being treated for a neurological condition. 'The letter said he would require frequent breaks, medical management and rehabilitation,' Athmaram said. 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 ✕ Ad Loading She said that the State would want to be privy to the medication that Abbu will be taking so that they can do an investigation on whether he will be able to comprehend court proceedings and instruct his counsel. 'There is a request that he attend the court proceedings online,' she added. Judge Sharmaine Balton said she would allow Abbu to attend the court proceedings online. However, she said the court was not in a position to decide whether Abbu can comprehend court proceedings or not. Moreover, Athmaram gave the court an update about Zithulele Mkhize, the 13th accused in the matter, who has been attending court proceedings online due to medical issues. She said Mkhize was examined by the State at Addington Hospital. 'We still have to look at the report from the facility,' she said. She said his counsel has not brought up a formal application regarding the way forward for him. Mkhize has been attending court proceedings online, even during the previous session. Meanwhile, Advocate Paul Jorgensen, who is representing Ilanga la Mahlase PTY(LTD), Hlenga Sibisi and Mzwandile Dluldla, returned to court as their defence lawyer. In the previous session, which started in February 2025 and ended in March, Jorgensen's clients had indicated that they could no longer afford his legal fees. The trial continued, and the defence resumed its cross-examination of the State witness who works as a contract administrator in the City. The media is prohibited from revealing her identity. Meanwhile, Judge Balton did not indicate when she would announce her ruling regarding having reports and annexures about the appointment of Integrity Forensic Solutions CC (IFS) by the eThekwini's Integrity and Investigations Unit (CIIU). IFS is a forensic company that was outsourced by CIIU to investigate DSW tender irregularities after it anonymously received a stack of documents in its offices. The trial continues.
