Defence seeks further documentation in Gumede’s multi-million rand fraud case

Former Durban mayor and current ANC eThekwini region chairperson Zandile Gumede leaves court with her supporters yesterday. Picture: Doctor Ngcobo African News Agency (ANA).

Former Durban mayor and current ANC eThekwini region chairperson Zandile Gumede leaves court with her supporters yesterday. Picture: Doctor Ngcobo African News Agency (ANA).

Published Mar 10, 2023

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Durban -The defence in the Zandile Gumede fraud and corruption trial has demanded a copy of an internal report from the eThekwini Municipality’s City Integrity and Investigations Unit (CIIU) which influenced the decision to launch an investigation of the multi-million rand Durban Solid Waste contract.

Gumede and her co-accused, who include former Durban city manager Sipho Nzuza, former exco member Mondli Mthembu, Robert Abbu, who was Durban Solid Waste’s (DSW’s) deputy head, and Sandile Ngcobo, the former deputy head of supply chain management, face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, the contravention of the Municipal Finance Management Act and the contravention of the Municipal Systems Act in connection with the contract.

Gumede’s lawyer, Jay Naidoo, yesterday sought to determine how the decision to launch a forensic investigation into alleged corruption in the more than R300 million DSW contract was arrived at.

As the trial entered its fourth day in the Durban High Court, the defence, during the cross-examination of State witness Mbuso Ngcobo, the head of the CIIU, questioned him about the turnaround time within which the decision to launch a forensic investigation was reached.

Ngcobo told the court how the CIIU did not have sufficient capacity and was overstretched as it only had 70 staff members, including 30 investigators with many cases that had to be attended to, and had to rely on a panel of service providers in order to deal with the backlog of investigations.

He explained how following an anonymous tip-off on alleged corruption, accompanied by a bundle of documents from a complainant, a series of checks and balances had been undertaken by his unit, with many other officials who are his subordinates going through the complaint before a decision for an investigation was reached.

It emerged that part of the information that influenced the decision for a forensic investigation was a report compiled by the CIIU team, and this was the report Naidoo asked for, resulting in a lengthy break and the eventual adjournment of the case until Monday.

Naidoo questioned how a matter reported to eThekwini Municipality just before the close of business on March 7, 2018, had gone through the checks and balances within the CIIU and led to a conclusion the following day, that a forensic investigation should be undertaken.

In addition to the interim report from CIIU, the defence attorney further asked for a management committee report from the same unit.

When making opening remarks at the start of the trial this week, State advocate Hazel Siramen, said they were ready to demonstrate how Gumede ran a criminal enterprise in which those with close links to the former eThekwini mayor benefited from the multi-million rand contract.

The trial will resume on Monday, with the continuation of the cross-examination of Ngcobo.