Durban — While the State alleges that the accused acted in a common purpose at all times, as reflected in the indictment, it did not know when, where and in what manner the common purpose had been formed.
Former eThekwini Mayor Zandile Gumede and 21 others face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act, amounting to over R300 million.
On Tuesday, the State is expected to continue reading out the charges against the accused for them to plea.
On Monday afternoon, the State had read up to count 133 out of a total of 2793 counts.
The State in the matter alleges that Gumede, Mondli Mthembu (an executive councillor), Sipho Nzuza (former city manager), Robert Abbu, who was the deputy head at DSW, and Sandile Ngcobo, the former deputy head of Supply Chain Management, as well as Nzuza’s wife Bagcinile actively associated themselves with the common purpose working together to manipulate the procurement process.
It’s alleged that they worked together to ensure that orders or contracts were awarded to specific suppliers, namely Ilanga LaMahlase PTY (LTD), Uzuzinekele trading 31 CC, Omphile Thabanga Projects and El Shaddai Holdings CC - all listed as accused in the matter.
Accused Mzwandile Dlula is the sole director of Ilanga LaMahlase PTY (LTD), Zithulele Mkhize is the sole member of Uzuzinekele trading 31 CC, while husband and wife Bongani and Khoboso Dlomo are the directors of Omphile Thabanga Projects, accused Prabagaran Pariah is the sole member of El Shaddai Holdings CC.
The state alleges that the goal of their common purpose was to manipulate the DSW contracts via the SCM system of eThekwini Municipality.
According to the indictment, the new DSW contract was then classified as a “special project” where Abbu, on Gumede and Mthembu’s instruction, was appointed by Nzuza as head of Special Projects.
Further, it alleged that Nzuza appointed Ngcobo as chairperson of the BAC for the project.
“The Special Projects became the vehicle to drive the enterprise. Thus committing the acts of fraud and corruption.”
It alleges that this was also to ensure that contracts were awarded to entities associated with accused Hlenga Sibisi, who was in control of the running Ilanga LaMahlase PTY (LTD).
It alleged that a large number of ANC councillors, ward committee members, members of Amadelangokubona and the MKMVA benefited financially.
Nzuza’s wife is said to have facilitated and or participated in engagements with entities associated with the said tender, and at times, it had been when material decisions were being made.
Daily News