A company implicated alongside former eThekwini mayor Zandile Gumede in the alleged R320 million Durban Solid Waste (DSW) tender fraud has demanded that prosecutors hand over the personal diaries or pocketbooks of all police officers involved in the investigation.

The demand was made by the company Omphile Thabang CC, owned by the accused couple Bongani and Khoboso Dlomo, in an application heard earlier this week at the Durban High Court. The application was heard by Judge Sanele Hlatshwayo, who reserved judgment.

The two-day legal proceedings focused on the defence’s demand for comprehensive access to investigation files. Beyond the police officers’ pocketbooks, the defence, among other things, sought minutes of all meetings between the Specialised Commercial Crimes Unit, the National Prosecuting Authority (NPA), Integrity Forensic Solution (IFS), and the SAPS Clean Audit Task Team. 

It sought all documents that could reveal how the R320 million fraud case was compiled against Gumede and her 21 co-accused. 

Advocate Graham Kerr-Phillip, representing the Dlomos and their company, argued that these documents are crucial. He contended that they could provide evidence needed to challenge search and seizure operations currently being scrutinised in a separate trial-within-a-trial concerning the accused companies’ properties.

Kerr-Phillip asserted an accused person’s entitlement extends beyond witness statements to “all documents that might be important for the accused to adduce and challenge evidence properly”.

The defence warned that proceeding without this access would cause incurable prejudice, violating the Constitution and the accused’s right to a fair trial.

Conversely, the prosecution argued that the requested documents are not evidence, are irrelevant to preparing the defence, and are legally privileged.

The prosecutors stated the defence failed to show how these documents would assist in their trial preparation or how their right to a fair trial necessitated their disclosure.

In an affidavit prepared by one of the investigating officers, Lieutenant Colonel Willem Van Den Berg argued that the documents sought constituted a police investigation and there was a need for the State to protect the police method of investigation. 

Lieutenant Van Den Berg emphasised that the investigation of the main case emanated from an anonymous whistleblower. 

Similarly, Van den Berg submitted that police methods of investigation need to be protected, the identity of a whistleblower or informer is privileged and must be protected.

Van Den Berg concluded that the application should be dismissed. The main trial is scheduled to resume on Monday at the Durban High Court.

However, a trial-within-a-trial regarding the seizure of former city manager Sipho Nzuza’s cellphone would proceed. 

nomonde.zondi@inl.co.za

Source link