The failure of some of the accused to pay their attorneys has delayed the resumption of the trial in the corruption case involving five senior officials from the KwaZulu-Natal Office of the Premier.

Nine accused, including five senior officials from the Premier’s Office and four directors of service providers and seven entities appeared in the Durban High Court on Monday for the resumption of the trial.

The accused are Ziphathe Mboneni Cibane, Nonhlanhla Pamela Hlongwa, Nomusa Zakwe, Tobelani Njabulo Makhathini, Sithembiso Doctor Msomi, Phumalanga Communications CC, Gugu Audrey Kheswa, Roren Engineering CC, Ashley Mervyn Rose, Nto’s Catering CC, Ntombimpela Mabel Majozi, I Dot Q, Set Apart Group, Inala Business Consortium, Sybil Nomphumelelo Motaung, and Isidleke Enterprises Pty Ltd.

They face charges of fraud, corruption, theft, and money laundering amounting to more than R 21 million.

However, the court was forced to postpone the matter to Wednesday after counsel for two of the accused raised the issue of the unpaid fees. Advocate Peter Blomkamp SC who appeared for Makhathini, announced his withdrawal from the case citing the non-payment of his legal fees.

“My Lord, those who previously instructed me on the matter have asked me to return the brief so there is no one currently instructing me. It appears that there is an issue of funds,” Blomkamp told the court.

State Prosecutor Advocate Carlos Da Silver asked for the matter to stand down until Wednesday to give the defence team time to sort out the outstanding issues with their clients. 

Their charges relate to manipulating tender processes in favour of certain service providers in a tender worth more than R21 million.

The State alleges that the officials colluded with service providers and bypassed supply chain protocols to award inflated catering and other service tenders. During the initial investigation, a web of kickbacks and fraudulent invoicing was uncovered, triggering a broader probe into procurement practices within the provincial government

The trial started in January and was postponed to Monday.

The State had called its first witness, former provincial government Director-General Nhlanhla Ngidi, who was expected to continue with his testimony.

The matter dates back to 2012, during Ngidi’s tenure.

He left the office in 2015 and the alleged corruption was uncovered in 2017. In January 2020, the officials were suspended and charged internally, however, they were arrested while waiting for a disciplinary hearing.  Although they did not appear for disciplinary action, all of them went back to work except two officials who were transferred to the Agriculture department.

willem.phungula@inl.co.za

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