SA envoy in dock over graft, cash laundering

20/07/2016. Former Transport Minister Sbu Ndebele smiles as he leaves the Specialised Commercial Crimes Court with his wife Zama after appearing for allegegly accepting a 10 million rand bribe from Tasima for the eNatis contract when he was transport minister. Picture: Masi Losi

20/07/2016. Former Transport Minister Sbu Ndebele smiles as he leaves the Specialised Commercial Crimes Court with his wife Zama after appearing for allegegly accepting a 10 million rand bribe from Tasima for the eNatis contract when he was transport minister. Picture: Masi Losi

Published Jul 21, 2016

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Pretoria - Former KwaZulu-Natal premier and transport minister Sbu Ndebele on Wednesday returned to the Specialised Commercial Crimes Court in Pretoria to face charges of corruption, fraud and money laundering.

The South African ambassador to Australia stood in the dock with four co-accused - Sibusiso Ncube, Mangisi George Mahlalela, Zakhele Gilbert Thwala and Tebogo Mphuti.

Ndebele stands accused of accepting or agreeing to take R10.26 million from Ncube or companies related to him. Ncube is the husband of KwaZulu-Natal Co-operative Governance and Traditional Affairs MEC Nomusa Dube-Ncube.

Four companies - Tasima, Mandate Strategy Roadmap and Delivery, Brand Partners and Sinosa Construction - have also been charged.

The men face charges ranging from fraud to corruption and money laundering. Ndebele is linked only to the corruption charges.

State prosecutor Peter Serunya told the court the defence teams were furnished with copies of the docket and the indictment, but had yet to finalise the list of witnesses.

“We ask the court to remand the matter to allow the defence to go through the docket and indictment and consult with the clients.”

Magistrate Nicca Setshogoe postponed the matter to September 1 when a trial date is expected to be set and for the matter to be transferred to the high court in Pretoria.

At the time of the alleged crimes, Mahlalela was director-general in the Department of Transport and Thwala a deputy director. Mphuti was the chief executive of Tasima. Ncube is a director in the other three companies, according to court papers.

The provisional indictment accuses the men of authorising contracts without following procedures. Also, of laundering money through the companies, fraudulently paying for services and goods not received and giving gifts to incur favours.

The indictment said Ndebele allegedly acted in a manner that amounted to an illegal, dishonest, unauthorised or biased exercise.

The alternative charge was that he accepted payment from Ncube and companies linked to him in return for “doing any act in relation to the exercise, carrying out or performance of his powers, duties or functions within the scope of his employment relationship”.

Mahlalela, who served in various capacities in the KwaZulu-Natal government, is accused of failing to ensure the department maintained an appropriate procurement and provisioning system which was fair, transparent, competitive and cost effective.

He is also accused of failing to prevent unauthorised, irregular and fruitless and wasteful expenditure or losses resulting from criminal conduct. Mahlalela is also charged with failing to prevent the Transport Department from incurring irregular and unauthorised expenditure of R36m.

This was through contracts Thwala allegedly entered into with Mandate Strategy Roadmap without the approval of the bidding committee nor following the prescribed procurement processes.

Further, he allegedly entered into a contract with a company co-owned by Ncube for R49m on behalf of the department.

In terms of the deal, the company was to provide a war room for the 2010 Fifa World Cup and create transport solutions despite the department not having approved them.

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