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IOL News
3 hours ago
- IOL News
Zandile Gumede trial: Court hears evidence against ex Durban Solid Waste deputy head
Former mayor of eThekwini, Zandile Gumede. Image: Nomonde Zondi The fourth accused, Allan Robert Abbu, the former deputy head of the Durban Solid Waste (DSW) Unit, was aware that the waste collection tender evaluation process was advanced, according to a State witness who testified before the Durban High Court on Tuesday. Nevertheless, he halted the process, claiming to have a plan, and DSW hired seasoned contractors to collect waste. Abbu is accused, alongside the former mayor of eThekwini, Zandile Gumede, and 20 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 R320 million DSW tender. The new witness, who cannot be named, started giving her evidence in chief on Monday. 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 testified that her role in the eThekwini Municipality involved facilitating and coordinating unit score, providing admin support to the whole unit, providing an oversight role to the contract management section, preparing bid reports to different committees, attending committee meetings, and providing admin support to the whole unit, among others. So far, the court has learned that the DSW Unit had issued an open tender for waste collection in November 2017, and the closing date was December 13, 2017. However, the unit stated that it received numerous applications and would not be able to complete the tender process. As a result, they approached the Bid Adjudication Committee (BAC) to seek authority to invite quotations from experienced service providers to collect waste. The unit said this was an emergency as contracts of individuals collecting waste at that time were set to expire on December 31, 2017. The unit said it was imperative to hire experienced service providers. On December 19, 2017, the BAC approved the quotations of the service providers who are also accused in this matter. When DSW was motivating for this, it said there were in-house refuse collection services. However, the unit said there was intimidation of staff collecting waste, stoning, and torching of municipal vehicles. However, the State witness informed the court that the capturing of the bidders began on December 13.. She said she had asked for additional staff members from two units to speed up the process and evaluation, tax compliance, and tender amount for each response by December 15. However, she said it had not been finalised. Counsel appointed by the National Prosecuting Authority, advocate Viwe Notshe SC, asked the witness what would happen after the evaluation was done. 'After evaluation was completed, the bid adjudication report was going to the BAC,' the witness responded.
IOL News
26-05-2025
- IOL News
State required to disclose evidence regarding fraud investigation into Zandile Gumede
Former eThekwini mayor Zandile Gumede and her supporters. Image: Nomonde Zondi/File The Durban High Court has ordered the State to make a report available that states that the forensic company that investigated the former mayor of eThekwini Zandile Gumede and 21 others, was appointed unlawfully by the eThekwini municipality's investigation unit to investigate tender irregularities surrounding the R320 million Durban Solid Waste (DSW) tender. Gumede and her 21 co-accused are facing numerous charges including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to the DSW tender. The forensic company is Integrity Forensic Solutions (IFS); it was outsourced by the City Integrity and Investigations Unit (CIIU) to investigate DSW tender irregularities. This is after the CIIU received a stack of documents anonymously alleging solid waste tender irregularities. After IFS investigated, the matter was handed over to the Hawks and arrests were made. The court in 2024 was told that there was an investigation done by the City to probe the appointment of IFS. As a result of that investigation, the CIIU's top investigator was fired - this investigator is one of the crucial witnesses in this matter. The media is prohibited from mentioning the names of people mentioned in the order as they are State witnesses. 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. 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Next Stay Close ✕ In delivering her ruling, Judge Sharmaine Balton said the State should provide the applicant (Gumede) with the file opened and registered with the CIIU, pursuant to a 'whistleblower' report dated May 9, 2023, in relation to allegations of irregularities committed by the former boss of CIIU and top investigator, in the appointment of IFS, to conduct the forensic investigation in this matter. The former boss of the CIIU is a key witness in the corruption trial of Gumede. Judge Balton said this included amongst other things a whistleblower 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 recommendations on actions to be taken. Masama Consulting is the company that investigated the appointment of IFS and issued a report. Judge Balton said a copy of the agenda, minutes of the meeting, and resolutions of the Executive Committee and the full council of eThekwini municipality about the Masama report must be made available to the defence. 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 defense. She said a charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence. 'The respondent (State) is directed to provide the information to the applicant (Gumede) within 10 days of this order,' she said. Although Gumede made the application before court, the other defence counsels told the court that they support it. During the hearing of this application in March, Gumede's counsel advocate Jay Naidoo SC, told the court that CIIU did not follow the supply chain management protocols in appointing IFS.
IOL News
22-05-2025
- IOL News
Courtroom antics: Zithulele Mkhize's Bluetooth chair brings laughter during Zandile Gumede fraud trial
Former mayor of eThekwini, Zandile Gumede. Image: Nomonde Zondi There was joy and laughter at the Durban High Court as the 13th accused in the fraud case against the former mayor of eThekwini, Zandile Gumede, appeared in person after attending virtually since June 2024. After she complained about doing his work during court proceedings, Judge Sharmaine Balton ordered Zithulele Mkhize to physically appear in court on Thursday. He brought a cozy chair that captivated everyone, including court employees. The massage chair with Bluetooth was positioned at the back of the courtroom. When the accused, counsel, and court employees first arrived in court, they were enthralled by the chair at the entrance and would start laughing as soon as they spotted Mkhize. He would be greeted with his clan names by his fellow accused, who were delighted to see him. 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 ✕ Zithulele Mkhize's chair that sparked laughter at the Durban High Court. Image: Nomonde Zondi Counsel from neighbouring courtrooms stopped by to observe the chair. Some accused would sit in it during breaks. Mkhize listened to a State witness testify in court while sporting a black memory foam neck cushion and black clothing that matched his chair. As court proceedings started, He would occasionally get up to scratch himself. According to a medical report that was read into the record, Mkhize must not sit for longer hours. Judge Balton on Wednesday had ordered that Mkhize would be allowed to bring a comfortable chair and could stand up when he needed to. The State noted his presence, and counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, who was not amused by the chair, said she noted that his chair has electronic devices. 'May the court remind him that there are to be no recordings of court proceedings,' she said. Advocate Willie Lombard replied by saying that the chair was not capable of that, and the buttons were for controlling it. He stated that his client was present in court both physically and mentally. Outside court, a source close to Mkhize said he abides by the court rules and he has never shown any disrespect to the State. 'Since 2019, he has respected the court and continues to do so,' the source said. Additionally, the source said on Wednesday, Mkhize had gone to the Hillcrest Hospital before court proceedings started due to the pain he was experiencing. 'He was put on a drip and sent home so he could make it for court proceedings on time,' she said. She added that because of the cold weather, he had a blanket over him. The source said Mkhize was taking medication and on physio treatment for disjointed disks in the spine as a result of sitting on the court benches over the past five years. 'He is continuing with treatment while waiting for a verdict on a possible operation.' She added that Mkhize intends not to go against anything that the court says, and that he does not want to derail the matter, although doctors have instructed him not to sit for longer hours. 'In respecting the court, he has gone against the doctors' instructions,' she said. The 22 accused in this matter are facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to a R300 million Durban Solid Waste (DSW) tender. So far in the trial, the new witness has testified about her role in the municipality. The trial continues.
