In another corruption case involving former eThekwini Municipality officials, the defence has questioned the appointment of forensic company Integrity Forensic Solutions (IFS) and has filed an application to compel the state to provide a report stating that the company was irregularly appointed by the city. 

When IFS was appointed by the eThekwini City Integrity and Investigations Unit (CIIU) to probe into the irregularities of the Durban Solid Waste (DSW) tender of R320 million, it came across more than R3 million in tender irregularities. 

As a result, Nhlakanipho Ziphozinhle Mthembu, Inhlanzi Catering and Events (PTY) LTD, Sandile Ngcobo, Vuyiswa Ngcobo, and Mndeni Mkhize are charged with fraud, corruption, conspiracy to commit corruption, and money laundering. 

The State is alleging that Mthembu, Inhlanzi Catering, which is represented by Mthembu, Ngcobo, and Mkhize, unlawfully misrepresented to the municipality that lawful procurement processes in line with the Supply Chain Management (SCM) were followed by Sandile and Mkhize in awarding Mthembu a tender. 

The State further alleges that the accused failed to declare a conflict of interest. Moreover, the State alleges that emergencies were created by Sandile and Mkhize, which allowed for the dispensing of the formal procurement processes. It also alleges that Mthembu and Inhlanzi catering were awarded the tender due to a cover quoting by Mkhize and was approved by Sandile. 

Sandile is a former deputy head of SCM and former Bid Adjudication Committee (BAC) in the municipality. He is also charged in the DSW matter with the former mayor of eThekwini, Zandile Gumede. 

Additionally, the State alleges that between June 2018 and March 2019, Mthembu paid R100,000 in bribes or gratification to the married couple, Sandile and Vuyiswa, to act dishonestly in their positions. Vuyiswa, at the time, was the principal clerk in the municipality. According to the State, the money was used in the purchase of a property in Ballito for Sandile and Vuyiswa. 

All the accused are currently on trial at the Durban Commercial Crimes Court. Their trial was supposed to commence earlier this week on Monday and finish on Friday; however, counsel for Sandile and Vuyiswa, advocate Jimmy Howse SC, told the court that new evidence was dramatically exposed in the Gumede trial. 

He told the court that they approached the State to ask them to provide information about a report that stated that the appointment of IFS was unlawful. 

Howse told the court that the eThekwini municipality probed to the appointment of IFS. The company that probed was Masama Consulting, and it issued a report afterwards.

“The conclusions in that Masama report are that the appointment of IFS was irregular. Masama’s report suggests further that the appointment of IFS was unauthorized and fraudulent,” Howse told the court. 

He said they were bringing an application to compel the State to give them this report and other annexures. 

Howse explained that the State had told them to obtain the Masama report and all annexures, including invoices to the municipality. 

“Last month in the Gumede case, my client posed a similar application. Where the state said documents are not relevant, we must ask the municipality. We brought a compelling application. Madam Balton (Judge Sharmaine Balton) issued an order compelling the State to provide those documents,” Howse said. 

Advocate Simphiwe Mlotshwa, counsel for Mthembu, Inhlanzi Catering, and Mkhize, said they would also be joining the application. 

State prosecutor advocate Bongi Mbambo said the investigation was done by IFS and the Hawks. She added that the State did not have the Masama report; Defence must approach the municipality. She said Masama did not form part of the docket.

“We are willing to consider the application that they want to serve us,” she said. 

The matter was postponed to Friday.

nomonde.zondi@inl.co.za

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