The Durban Commercial Crimes Court had to postpone the corruption case involving over R3 million involving former eThekwini officials on Friday because the State requested additional time to prepare a comprehensive defence, raising concerns about the selection of a forensic firm that looked into the alleged corruption.

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

The forensic company, Integrity Forensic Solutions CC (IFS), was appointed by eThekwini’s City Integrity and Investigations Unit (CIIU) to probe the Durban Solid Waste (DSW) tender irregularities after it received a stack of documents anonymously alleging irregularities.

As the IFS was conducting the DSW investigation, it also came across tender irregularities of more than R3 million. 

The DSW investigation resulted in the arrest of 22 individuals, including the former mayor of eThekwini Municipality, Zandile Gumede. 

The five accused are currently on trial and have filed a compelling application for the State to provide them with a Masama report, which found that the appointment of the IFS was unlawful.

In Gumede’s trial, the Durban High Court learned that the Masama report was compiled by Masama Consulting, which was hired by the municipality to investigate the appointment of the IFS after a whistle-blower’s report. 

During the court proceedings on this matter, State prosecutor advocate Bongi Mbambo told the court that the State was supposed to respond to the defence’s application, but it needed more time. 

Mbambo said there were a lot of allegations.

“The State would have to have consultations to prepare a thorough response,” she added. 

She asked for the matter to be postponed to August 21 and said the State would respond to the defence on August 8. 

In this matter, the State is alleging that the accused failed to disclose a conflict of interest. It said emergencies were created by Ngcobo and Mkhize, which allowed for the circumvention of the formal procurement processes. 

The State alleged that Mthembu and Inhlanzi Catering were awarded the tender due to a cover quote by Mkhize, and it was approved by Ngcobo, who was the deputy head of Supply Chain Management and the chairperson of the Bid Adjudication Committee.

However, he has recently been dismissed by the municipality. Ngcobo is also an accused in the Gumede case.

Sources claim Mkhize is still employed by the city. Additionally, the State alleges that Ngcobo and his wife, Vuyiswa, accepted a gratification of R100,000. At the time, Vuyiswa was a principal clerk in the city. 

The case was postponed to August 21.

nomonde.zondi@inl.co.za

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