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IOL News
7 days ago
- IOL News
eThekwini Municipality corruption trial: Defence questions Integrity Forensic Solutions' appointment
Sandile Ngcobo an accused in a corruption trial is challenging the appointment of forensic company. He is also accused in another matter with Zandile Gumede a former mayor of eThekwini. Image: Doctor Ngcobo / Independent Media In another corruption case involving former eThekwini Municipality officials, the defence has questioned the appointment of forensic company Integrity Forensic Solutions (IFS) and has filed an application to compel the state to provide a report stating that the company was irregularly appointed by the city. When IFS was appointed by the eThekwini City Integrity and Investigations Unit (CIIU) to probe into the irregularities of the Durban Solid Waste (DSW) tender of R320 million, it came across more than R3 million in tender irregularities. As a result, Nhlakanipho Ziphozinhle Mthembu, Inhlanzi Catering and Events (PTY) LTD, Sandile Ngcobo, Vuyiswa Ngcobo, and Mndeni Mkhize are charged with fraud, corruption, conspiracy to commit corruption, and money laundering. The State is alleging that Mthembu, Inhlanzi Catering, which is represented by Mthembu, Ngcobo, and Mkhize, unlawfully misrepresented to the municipality that lawful procurement processes in line with the Supply Chain Management (SCM) were followed by Sandile and Mkhize in awarding Mthembu a 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 Next Stay Close ✕ Ad Loading The State further alleges that the accused failed to declare a conflict of interest. Moreover, the State alleges that emergencies were created by Sandile and Mkhize, which allowed for the dispensing of the formal procurement processes. It also alleges that Mthembu and Inhlanzi catering were awarded the tender due to a cover quoting by Mkhize and was approved by Sandile. Sandile is a former deputy head of SCM and former Bid Adjudication Committee (BAC) in the municipality. He is also charged in the DSW matter with the former mayor of eThekwini, Zandile Gumede. Additionally, the State alleges that between June 2018 and March 2019, Mthembu paid R100,000 in bribes or gratification to the married couple, Sandile and Vuyiswa, to act dishonestly in their positions. Vuyiswa, at the time, was the principal clerk in the municipality. According to the State, the money was used in the purchase of a property in Ballito for Sandile and Vuyiswa. All the accused are currently on trial at the Durban Commercial Crimes Court. Their trial was supposed to commence earlier this week on Monday and finish on Friday; however, counsel for Sandile and Vuyiswa, advocate Jimmy Howse SC, told the court that new evidence was dramatically exposed in the Gumede trial. He told the court that they approached the State to ask them to provide information about a report that stated that the appointment of IFS was unlawful. Howse told the court that the eThekwini municipality probed to the appointment of IFS. The company that probed was Masama Consulting, and it issued a report afterwards. 'The conclusions in that Masama report are that the appointment of IFS was irregular. Masama's report suggests further that the appointment of IFS was unauthorized and fraudulent,' Howse told the court. He said they were bringing an application to compel the State to give them this report and other annexures. Howse explained that the State had told them to obtain the Masama report and all annexures, including invoices to the municipality. 'Last month in the Gumede case, my client posed a similar application. Where the state said documents are not relevant, we must ask the municipality. We brought a compelling application. Madam Balton (Judge Sharmaine Balton) issued an order compelling the State to provide those documents,' Howse said. Advocate Simphiwe Mlotshwa, counsel for Mthembu, Inhlanzi Catering, and Mkhize, said they would also be joining the application. State prosecutor advocate Bongi Mbambo said the investigation was done by IFS and the Hawks. She added that the State did not have the Masama report; Defence must approach the municipality. She said Masama did not form part of the docket. 'We are willing to consider the application that they want to serve us,' she said. The matter was postponed to Friday.
IOL News
22-06-2025
- Politics
- IOL News
EThekwini politics: Zandile Gumede sidelined as new task team emerges
Former eThekwini Mayor Zandile Gumede's political role in the ANC is uncertain after she was not included in the eThekwini task team list. Image: Doctor Ngcobo / Independent Newspapers The role of of Zandile Gumede, once a powerful ANC chairperson of eThekwini region and its former Mayor, appears to have hit a dead end in the region's politics following her exclusion from the soon-to-be announced new regional task team. In the leaked list, Gumede who is currently on trial for corruption involving the R320 million Durban Solid Waste tender scandal, has been left out of the regional task team and the additional members list, apparently ending her political role in the region's politics. Also excluded from the list is Gumede's once deputy chairperson Thembo Ntuli, who assumed the acting role in her absence. After she was arrested and charged for corruption, Gumede was subsequently removed from her mayoral position in 2018 and was also placed on the party's step aside policy, which effectively stripped her of her political powers. However, in 2022 she made a strong comeback when her faction elected her as regional chairperson, although she was absent from the conference because of the step aside rule. Topping the regional task team list as convener is Nigel Gumede who is making a strong political comeback in eThekwini politics. He was in charge of the Human Settlement Committee when James Nxumalo was the mayor of eThekwini and was in the faction that lost to Zandile Gumede in the 2022 elective conference. Nigel Gumede was in the faction that was viewed as being aligned to President Cyril Ramaphosa during the eThekwini elective conference and sources said his appointment will give the president direct control to one of the biggest and most influential regions in the country. Both Gumedes did not respond to requests for comment. 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 The ANC held a service delivery summit in Durban on Sunday and the provincial task team coordinator Mike Mabuyakhulu said the process to appoint a new regional task team had been completed but the party will publicly announce the names next week after formally informing branches. 'In line with the ANC protocols, we are not going to announce the names of the people that will lead our regions as task teams before informing our branches first. Next week we will begin that process and announce the names,' said Mabuyakhulu. Although all the regions' terms had already expired, the party had an option to retain the regional committees until the next elective conference, however, sources within the party said the decision to remove them was prompted by branch audit outcomes. Sources said the audit outcomes revealed that many branch executive committee members were sympathetic to the uMkhonto weSizwe Party (MKP), and the ANC felt it should disband regional committees as they appeared to have lost control of the branches. EThekwini, which is the only metro in the province and one of the largest regions in the country, with a voting population of close to two million, is the party's main strategic point. The region, which has been the party's stronghold for decades, fell to former president Jacob Zuma's MKP in last year's national general elections, relegating the ANC to third place in terms of electoral support. The region is expected to be a battleground between the ANC and the MKP ahead of next year's local government election. Despite the ANC's insistence that regional task teams are an opportunity for renewal, others view them as a strategic decision by Luthuli House to have direct control over branches in the province ahead of the party's elective conference in 2027. Sources said the changes will give party Secretary-General Fikile Mbalula an edge over other potential presidential candidates since he will have direct control of branches. Mbalula, Senzo Mchunu, and Kgosientsho Ramokgopa have been touted to replace Ramaphosa, who is serving his last term as ANC president.
IOL News
17-06-2025
- IOL News
Judge's frustration grows over repeated absences in Zandile Gumede's corruption trial
Former eThekwini mayor Zandile Gumede and second accused Mondli Michael Mthembu. Image: Nomonde Zondi A Judge in the corruption tender case of R320 million involving the former mayor of eThekwini Zandile Gumede has expressed displeasure as one of the accused did not make it to court nor report on time that she is still unwell to attend court proceedings. The matter was being postponed for the third time on Tuesday morning since Thursday last week, following the sickness of Bagcinile Cynthia Nzuza. Nzuza is the ninth accused in this matter and is the wife of the former City Manager of eThekwini, Sipho Nzuza. The case has 22 accused who face multiple charges which include money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the Durban Solid Waste (DSW) R320 million tender. Counsel for Bagcinile, Advocate Paul Jorgensen, told the court that his client was not present in court and that there was a medical certificate, he handed a copy of it to the court. He said a representative from the instructing attorney could not get in touch with her. 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 ✕ Judge Sharmaine Balton said that this was unacceptable, as all accused individuals needed to be present in court. She said the accused were treated better in this matter compared to other criminal matters. Additionally, Balton said Bagcinile could have had someone else make a call on her behalf if she was too sick to speak. 'This is unacceptable, she has not bothered to call anyone,' she said. Judge Balton said she had two options, one was to issue a warrant of arrest for Bagcinile or issue a subpoena for the doctors. However, Jorgensen pleaded and said a warrant of arrest was harsh. He asked to at least find out what was going on. The former eThekwini city manager Sipho Nzuza's wife Bagcinele Nzuza. Image: Motshwari Mofokeng/African News Agency (ANA) Counsel appointed by the National Prosecuting Authority (NPA) adv. Viwe Notshe SC asked if the bail of Bagcinile was extended. He asked if it was not an option for the court to issue a warrant of arrest. 'Legal issue is, what is the basis for the postponement?' Notshe asked. He said this was the issue he forgot to raise while they were in chambers. All the counsels had been going in and out of chambers while the accused sat in the courtroom waiting for the matter to start. The accused looked displeased that there was going to be another postponement. After some pleading from Jorgensen and the judge expressing how the postponements have wasted time as she anticipated for the State to finish leading its evidence with the new witness. She said she knows that a warrant of arrest is harsh.
IOL News
12-06-2025
- Politics
- IOL News
eThekwini Municipality responds to sabotage claims in Zandile Gumede's fraud trial
Former eThekwini mayor Zandile Gumede and her supporters. Image: Nomonde Zondi The eThekwini Municipality has on Thursday stated that it has no intention to sabotage the R320 million Durban Solid Waste (DSW) tender trial against its former mayor Zandile Gumede. Gumede is currently on trial with 21 others at the Durban High Court for 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 Head of legal and compliance in the city, Malusi Mhlongo, said eThekwini was the complainant in Gumede's case. 'It is in our interest as the city for that matter to proceed,' he said. Mhlongo said there were accusations that eThekwini's City Integrity and Investigations Unit (CIIU) terminated the agreement of Integrity Forensic Solutions CC (IFS) and the Hawks to sabotage Gumede's case. He said that is not true, explaining that the agreement was entered before the former CIIU boss resigned. The IFS is the company that investigated the DSW tender irregularities after the CIIU anonymously received a stack of documents regarding the tender. In terms of that agreement, Mhlongo said the IFS was supposed to assist the Hawks and the prosecutors, and all their expenses were supposed to be paid by the municipality. Mhlongo stated that the reason the agreement between the CIIU, the Hawks, and the IFS was terminated was that the former acting head of the CIIU questioned why the municipality had to bear the costs while it was the complainant. As a result, the former acting head of CIIU terminated the agreement. He said the IFS took the municipality to court to review that decision. 'That matter is in court and it is still to be resolved,' Mhlongo added. Additionally, he said after the city reported Gumede's matter to law enforcement authorities, it was within its rights to save further use of ratepayers' money and say it's not liable for these costs because the State is now responsible for compensating the witnesses. Meanwhile, Gumede's case faced another setback on Thursday as the ninth accused, Bagcinile Nzuza, was ill. Nzuza is the wife of former city manager, Sipho Nzuza.
IOL News
11-06-2025
- IOL News
Zandile Gumede's R320 million fraud case adjourned as State seeks audit reports
Former eThekwini mayor Zandile Gumede in the Durban High Court. Image: Doctor Ngcobo / Independent Newspapers The Durban High Court said it was left with no choice but to postpone the R320 million Durban Solid Waste (DSW) tender fraud case involving Zandile Gumede on Wednesday morning, due to the State not being able to access audit reports from the eThekwini Municipality. Gumede, the former mayor of eThekwini, is on trial with 21 others for 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 State, which is currently leading evidence from a new witness, was on Tuesday ordered to obtain the audit report regarding the household numbers that needed to be serviced in the 2016/17 financial year. This came after Gumede's counsel, advocate Jay Naidoo SC, objected while the witness, who cannot be named, was leading evidence. Naidoo stated they would like to access the reports to ensure they were consistent with the witness's oral evidence. The witness told the court earlier this week that in a report submitted to the Bid Adjudication Committee (BAC) on December 19, 2017, the number of formal and informal households that needed to be serviced was doubled, while some had been tripled. The Solid Waste Unit went to the BAC on December 14, 2017, to seek authority to invite quotations from experienced service providers for waste collection and illegal dumping services in the city. In a report, the unit had also included that this was an emergency, as there would be no one to collect waste in January 2018. On December 19, the BAC approved those quotations. The fourth accused, Robert Allan Abbu, served as the deputy head of the unit at the time. The witness, who said she was on leave during this time, said she sent an email to Abbu in February 2018. She stated that she would not be able to defend the number of households that went to the BAC, to the auditors. 'The contract value is misaligned, I am afraid I won't be able to defend this with auditors,' she read her email to the court. On Wednesday, counsel appointed by the National Prosecuting Authority, advocate Viwe Notshe SC, told the court that they had made enquiries with the municipality on Tuesday, and the box with the audit report was found. 'We are unable to get them today to be able to proceed,' he said. Notshe asked for the matter to be remanded until Thursday. 'It seems there is no choice; we have to adjourn till tomorrow (Thursday),' said Judge Sharmaine Balton. On Tuesday, the matter was also adjourned early to allow the State to obtain the audit reports. [email protected]
