State defends delays in R37 million corruption case involving former KZN Director General
The State says it is not responsible for delays in the R37 million corruption and intimidation case involving former KZN Premier’s office Director General, Dr Nonhlanhla Mkhize, and 11 others.
State prosecutor Mzwamadoda Mnyani made the submissions on Wednesday at the Durban High Court in response to the defence’s application to have the matter struck from the roll. The defence argued 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. Furthermore, the defence alleged that the State conducted a fresh investigation and disclosed its discovery in 2025 without disclosing it to the presiding Judge or defence counsels.
Mnyani urged the court to postpone the matter, subject to conditions, rather than striking it off. He asked for some reserved dates to be moved and attributed the delays to external factors, citing the State’s resource constraints and the investigating team’s involvement in the R320 million Zandile Gumede Durban Solid Waste tender fraud case.
Mnyani also denied the claim that the State had misled the court regarding the completeness of investigations, clarifying that the investigating officer had stated the investigation was about 99% complete while the matter was still in the lower court.
Defence lawyer Advocate Jay Naidoo SC argued that the State’s recent disclosure of using a new entity for the investigation was prejudicial to the accused. He highlighted the prejudice caused by the State’s discovery of 1.8 million documents, which the defence now needs to scrutinise and respond to with requests for further particulars.
Naidoo questioned the State’s claim of resource constraints, asking, “How can they claim to be under-resourced when they have outsourced investigation to private entities?”
He claimed that the Judge President’s reservation of trial dates was based on a misrepresentation by the State.
Advocate Jimmy Howse SC argued that the arrests were premature, as investigations in commercial matters should be completed before arrests.
“My lord, as far as the order of April 6 is concerned, the state has not finalised the investigations. They completely defied the order,” he said.
Howse provided a timeline of events dating back to 2022, detailing the State’s repeated requests for adjournments for further investigations, and noted the discovery of 1.8 million documents in 2025 and the increased number of State witnesses.
Advocate Paul Jorgenseen questioned the State on when it realised the initial evidence was insufficient, necessitating a reinvestigation. He revealed that the same forensic company, Integrity Forensic Solutions CC (IFS), contracted to investigate this matter, is also involved in the Gumede case.
When questioned by Judge Mbuzeni Mathenjwa about potential future discoveries, Mnyani admitted that the State expected to make further discoveries on Wednesday afternoon, including cost analysis and cellphone records mapping. Despite this, he insisted on the State’s readiness to proceed, “I can say with confidence we can secure a successful prosecution.”
The accused are facing allegations of colluding to defraud Mhlathuze Water of millions of rands through manipulated tender processes, fraudulent invoices, and corrupt payments. Mhlanga Incorporated is alleged to have received over R37 million for work that was either not performed or fraudulently justified. Judgment is reserved.
nomonde.zondi@inl.co.za