Court to set up microphone and speaker to amplify witness’ testimony in Zandile Gumede trial

Mthokozisi Nojiyeza (at the back) and Sduduzo Khuzwayo (in the front). Both councillors are alleged to have participated in the processes related to the appointment of sub-contractors to the main contractors of the DSW contract in alignment with the objectives of his co-accused former eThekwini Mayor Zandile Gumede and Mondli Mthembu. They are accused with Gumede, Mthembu and others for conspiracy to commit corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and contravention of the Municipal Systems Act. Picture: Tumi Pakkies

Mthokozisi Nojiyeza (at the back) and Sduduzo Khuzwayo (in the front). Both councillors are alleged to have participated in the processes related to the appointment of sub-contractors to the main contractors of the DSW contract in alignment with the objectives of his co-accused former eThekwini Mayor Zandile Gumede and Mondli Mthembu. They are accused with Gumede, Mthembu and others for conspiracy to commit corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and contravention of the Municipal Systems Act. Picture: Tumi Pakkies

Published Mar 8, 2023

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Durban — The testimony of the head of eThekwini’s City Integrity and Investigations Unit (CIIU) Mbuso Ngcobo is expected to continue in the Durban High Court on Wednesday.

Ngcobo is testifying in the trial of former eThekwini Mayor Zandile Gumede, 17 others, and four companies – the main contractors in the DSW tender in question.

Gumede and her co-accused face over 2 000 charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and Municipal Systems Act; amounting to more than R300 million in relation to the DSW tender.

Ngcobo said a whistle-blower who had arrived at their reception with a bundle of documents caused the CIIU to learn of the allegations of irregularities in the refuse collection tender.

He told the court that after looking at the allegations the management team believed a forensic company had to probe it. Ngcobo said a management team under him compiled a report and he allocated the case to an investigator.

Ngcobo said the City had a panel of forensic investigators appointed through Supply Chain Management processes. At the time the DSW complaint landed at his office there was already an existing panel consisting of 17 companies.

Mzwandile Dludla is the sole director Ilanga LaMahlase PTY (LTD), one of the four main contractors in the R320 million DSW tender. He is on trial along with former eThekwini Mayor Zandile Gumede and others for conspiracy to commit corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and contravention of the Municipal Systems Act. Picture: Tumi Pakkies

“We decided to get an external provider, Integrity Forensic Solutions (IFS). All tender process were followed to appoint them … ”

He said that IFS had to sit with the management team as part of their investigation.

“This was for IFS to look at the information at the disposal of the team. I got in touch with IFS after giving them time to proceed with the investigation without interference from me. IFS presented the interim report to me with recommendations.

“Based on the report there was some substance to the allegations in terms of irregularities in the refuse collection tender. I got the interim report around December 2018 and went to the SAPS to report in January.”

Ngcobo is among the State’s 122 witnesses in the case. Yet to testify are Raymond Rampersad who was the head of DSW; Noluthando Magewu, the acting head of DSW who replaced Rampersad for a period; as well as eThekwini employees who were part of the audit trial of the processes undertaken in awarding the DSW tender.

Previously the State said testimony will also be heard from various eThekwini councillors who were inaugurated at the same time as Gumede, whose identities have been withheld for security concerns. They will present evidence of how Gumede and Mthembu told them that the DSW tender was to be renewed which would benefit the councillors of eThekwini.

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