High noon for State over Gumede & Co

Former mayor of Ethekwini Zandile Gumede and other accused leaves the Durban Magistrate court, in connection with tender fraud at the eThekwini Municipality amounting to over R400 million.Picture : Motshwari Mofokeng /African News Agency (ANA)

Former mayor of Ethekwini Zandile Gumede and other accused leaves the Durban Magistrate court, in connection with tender fraud at the eThekwini Municipality amounting to over R400 million.Picture : Motshwari Mofokeng /African News Agency (ANA)

Published Mar 21, 2021

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DURBAN - AFTER repeated indulgences to line up its ducks, the State is expected to finally serve its indictment, which is expected to comprise thousands of pages, in the R430-million Durban Solid Waste tender rigging matter, which reconvenes on Tuesday.

Should the State fail to do so, the matter involving former eThekwini Municipality mayor Zandile Gumede and city manager Sipho Nzuza, among others, could be struck off the court roll.

That was the warning magistrate Dawn Somaroo directed to the State during the last sitting of the matter in December, which would be in accordance with an application brought previously by advocate Jay Naidoo.

Naidoo is the legal representative of Gumede, who expressed their displeasure at State’s repeated appeals for extension of time to get its “ducks in a row”.

Nzuza’s wife, Bagcinele, and other high-ranking municipal officials, councillors and businessmen will be among the more than 20 accused who are expected to be in attendance in the Durban Specialised Commercial Crimes Court on Tuesday.

Three councillors, Mthokozisi Nojiyeza, Bhekokwakhe Phewa and Sduduzo Khuzwayo, were the latest additions to the list of accused after their arrest last week.

All the accused in the matter were granted bail.

They have been charged for fraud, corruption, contravention of the Municipal Financial Management Act, contravention of the Prevention and Combating of Corrupt Activities Act, contravention of the Organised Crime Act and contravention of the Local Government Municipal Act.

Led by senior prosecutor Ashika Lucken, the State alleges that city officials – Robert Abbu, the former deputy head of Durban Solid Waste, and the deputy head of supply chain management unit Sandile Ngcobo – used their influence to direct numerous fraudulent works orders to four Durban companies.

The implicated companies in the cartel were paid exclusively to remove waste material and illegal dumping deposits in the townships around the city.

It is alleged that Abbu and Ngcobo worked together and legitimised numerous street cleaning and illegal dumping contracts, which were circulated only among the four companies.

The companies included Ilanga La Mahlase, Uzuzinekela Trading 31 CC, Omphile Thabang Projects and El Shaddai Holdings Group CC.

Gumede was arrested in May 2019 and was alleged to have used her influence in the awarding of the contracts. She has since been redeployed by the ANC to the provincial legislature.

Bulelani Mazomba, Gumede’s attorney, told the Sunday Tribune that they would not tolerate any further postponement, given the time that has passed since Gumede’s arrest.

Mazomba accused the State of rushing to arrest his client without completing their investigation.

“Her political career has been greatly affected as a result of these charges. The ordinary person sees her as a corrupt person who embezzled public funds, but there is no proof or tangible evidence.

“It will be really unfair to her if the State applies for a further postponement, considering the case has dragged on for nearly a year already,” said Mazomba.

Natasha Kara, the NPA’S spokesperson was tight-lipped about their state of readiness ahead of Tuesday’s court sitting.

SUNDAY TRIBUNE

Related Topics:

City of Ethekwini