Latest news with #ZandileGumede
IOL News
a day ago
- Business
- IOL News
Witness in Zandile Gumede trial prefers waste pile over irregular expenditure
Former mayor of eThekwini, Zandile Gumede, with her supporters outside the Durban High Court. Image: Nomonde Zondi In the R320 million Durban Solid Waste (DSW) tender fraud case involving former eThekwini municipality mayor Zandile Gumede, a State witness has told the Durban High Court that she would prefer not to have a pile of rubbish picked up than to deal with irregular expenses for not following due process. The witness, who cannot be named as per court order, is currently being cross-examined by advocate Jimmy Howse SC, who is counsel for Sandile Ngcobo, a fifth accused who was a deputy head of supply chain management (SCM) in eThekwini. Gumede, Ngcobo, and 20 others 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 tender. The witness told the court that waste collection is not an emergency, but a critical service. The court has heard that the Durban Solid Waste Unit had sought authority in December 2017 to get experienced service providers to collect waste from January 2018. This is because the contract of service providers was going to expire on December 31, 2017. In November 2017, the unit advertised a tender for waste collection, but they claimed that they received a lot of submissions and needed extra time to go through all of the proposals.. The witness during this time worked at the tenders and contracts unit. Part of her job included issuing letters of award to those who had won tenders. She said that after the Bid Adjudication Committee (BAC) gave the DSW the go-ahead to get service providers and approved the quotations, that decision needed to be reviewed by the Executive Acquisitions Committee (EAC), which was established by former city manager Sipho Nzuza to advice him. The BAC-approved quotations are subject to compliance checks, and then letters of appointment will be issued to the service providers. Howse asked her if it made sense that the EAC had to consider this on January 29, 2018, when the service providers should start collecting waste on January 1, 2018. The witness said that had she been instructed to do otherwise, she would have. "I was following due processes," she said. Howse asked her if she had approached any of her supervisors to tell them that there were not going to be waste management services in January, considering the email that was sent by a DSW contract administrator stating that this was an emergency. She said no and added that this was not the only contract she was dealing with. Additionally, Howse asked her if the SCM policy had any distinction between critical and emergency. She said it was her view that this was not an emergency and she continued to refer to SCM policies. She said the DSW Unit had a sole mandate to ensure contracts for waste management and illegal dumping. 'Failure to have those contracts does not result in an emergency. That is a failure to properly plan. In my view, Mr Howse, this was not an emergency,' she said. On December 28, 2018, the witness said Ngcobo had asked her to prepare the letters of award for the contractors, who were going to collect waste in January 2018. Howse said this was after his client received a call from the city manager enquiring about the letters of award.
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
28-05-2025
- IOL News
State witness reveals shocking details in Zandile Gumede's R320 million fraud trial
Former eThekwini mayor Zandile Gumede and second accused Mondli Michael Mthembu. Image: Nomonde Zondi In an emotional testimony, a State witness told the Durban High Court on Wednesday that in December 2017, she was forced to issue letters of award to service providers to collect waste without allowing the 14-day cooling-off period. She was testifying in the R320 million Durban Solid Waste (DSW) tender fraud trial involving the former mayor of eThekwini, Zandile Gumede. 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 tender. The State witness served as a senior official in the tenders and contracts unit around December 2017, which is a period during which the State is alleging that the offences were committed by the accused. 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 ✕ She said she was forced to break internal controls by issuing letters of appointment to companies that had been recommended to collect waste without the signature of former city manager Sipho Nzuza. The witness, who cried while testifying in virtual court, said this was a breach of protocol. However, things took a sharp turn when advocate Jay Naidoo SC, counsel for Gumede, put the witness in a corner about why the December reports from the Bid Adjudication Committee (BAC) did not reach the advisory committee led by former city manager Sipho Nzuza on December 21, 2017. The witness was part of the Executive Acquisitions Committee (EAC), an advisory committee, formed by Nzuza. She was on this committee in her capacity as a financial officer. As a secretariat at the BAC, she crafted and prepared the agenda of all the committees, including the EAC. She told the court that the reason the BAC's December reports did not make it to the EAC was that one report that was tabled at BAC on December 14, 2017, was the same as the one tabled on BAC on November 27, 2017. In November, the Solid Waste Unit sought authority from the BAC to advertise the tender contracts for waste collection. Upon realising that they had received a lot of tender applications, the unit went to the BAC on December 14 to seek authority to invite experienced service providers to collect waste. This was approved on December 19, and the unit had come back to the BAC with all the particulars of the experienced services. The court has heard that only compliance checks were not done. When Naidoo asked her if, at the BAC meeting on December 14, the Solid Waste Unit stated why it came to the committee for the same thing, she said the December report was addressed to Nzuza, not the committee. 'It is not my fault that the line department came to BAC with the same thing,' she said. However, after a while, she agreed with Naidoo that the report tabled on December 14 included illegal dumping and it was different from the November one. 'It is slightly different,' she said. She further changed her answer to say that the reason why the decisions made by the BAC on December 14 and 19 did not reach the EAC meeting on December 21, 2017, because compliance checks were not conducted.. She said in the next meeting of the EAC, which was on January 29, 2018, the December reports made it to the meeting.
IOL News
27-05-2025
- IOL News
State ordered to avail evidence regarding fraud investigation into former mayor 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. 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 ✕ Delivering her ruling, Judge Sharmaine Balton said the State should provide 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
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. 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 ✕ 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.
