The Durban High Court has dismissed an application to strike the corruption case against former director-general of KwaZulu-Natal Premier’s Office, Dr Nonhlanhla Mkhize, and her 11 co-accused off the roll.

The accused are facing charges related to corruption amounting to over R37 million. Their application was based on claims of unreasonable delays by the State and an accusation that the State had defied an order from the Specialised Commercial Crimes Court on April 6, 2023.

That order stipulated that the State must finalise all outstanding investigations and determine the trial forum, failing which the case would be struck off the roll. 

The defence further stated that the State conducted a fresh investigation and disclosed its findings in 2025, but failed to disclose this information to the presiding judge or the defence counsels.

They argued that the recent disclosure of the use of a new entity for the investigation was prejudicial to all the accused.

However, Judge Mbuzeni Mathenjwa said the State’s case has progressed to such an extent that to strike the matter from the roll would further delay completion since the ongoing process of discovery, request for further particulars, and response to the request for further particulars would cease, especially since the defence indicated they would request further particulars following the State’s recent discovery.

Judge Mathenjwa also highlighted that the evidence shows that both the State and the defence have been engaged in interlocutory applications and related requests since the accused first appeared in the regional court on August 30, 2022. 

“While the accused are entitled to request further particulars, the time spent on consultation and compiling responses to the requests is relevant in assessing the reasonableness of the delay.”

Acknowledging the general challenge, the judge stated that the prosecution of numerous individuals across all three arms of government, Parliament, Executive, and Judiciary, has overstretched the capacity of expert investigation teams.

He cautioned, however, that this should not grant the State carte blanche powers to arrest people before proper investigation and subject them to prolonged judicial trials.

“In the present matter, the involvement of the same investigation team in another high-profile matter is just one of the factors contributing to the delay in this prosecution.”

The investigation team in this matter is also involved in the R320 million corruption case against former eThekwini mayor Zandile Gumede and 21 others.

“Considering the complexity of the matter, the interlocutory applications, numerous representations to the State, numerous requests for further particulars, new arrests made, and discovery of further information which required further investigation, I cannot find that the delay in prosecuting the matter was unreasonable,” he said.

The judge further accepted the explanation of the State about getting a new entity, Financial Intelligence Centre Forensic Services (FIC), to proceed with investigations done by the Integrity Forensic Solutions CC (IFS).

The State had revealed in its affidavit that there was a legal dispute between the National Prosecuting Authority (NPA) and the IFS, which also investigated Gumede and her co-accused.  

“Therefore, the involvement of FIC was to prevent further delay in completion of the investigation,” Judge Mathenjwa said.

As a result of the ruling, the previously reserved trial dates — February 23 to March 27, 2026, and April 13 to May 15, 2026 — are no longer applicable.

Judge Mathenjwa ordered that the case be enrolled on the pre-trial roll.

nomonde.zondi@inl.co.za

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