eThekwini manager arrested, risks losing R50,000 after bail violations

16 November 2020 - 16:48 By orrin singh
Suspended eThekwini city manager Sipho Nzuza, right, with his instructing attorney at the Durban specialised commercial crimes court on Monday.
Suspended eThekwini city manager Sipho Nzuza, right, with his instructing attorney at the Durban specialised commercial crimes court on Monday.
Image: Orrin Singh

Embattled eThekwini city manager Sipho Nzuza was released on Monday after handing himself over to the Hawks earlier in the day for violating his bail conditions in the ongoing R430m Durban Solid Waste (DSW) tender fraud matter.

Nzuza, out on R50,000 bail, handed himself over to members of the Hawks' clean audit task team after they were made aware that he had violated certain aspects of his strict bail conditions after his suspension.

According to the state, a warrant of arrest was granted for Nzuza last week after he violated at least three conditions, in that:

  • the accused may not contact or communicate in any way, whether directly or indirectly, with witnesses relating to the audit trail of the DSW-eThekwini tender;
  • the accused refrain from involvement with the disciplinary processes of officials charged in relation to this investigation; and
  • the accused may not participate directly in or influence any tender process during the duration of the investigation, and further that his powers as accounting officer in relation to tender processes must be delegated in terms of the Municipal Finance Management Act (MFMA).

After a lengthy court session during which the matter was stood down to allow magistrate Garth Davis to attend to other proceedings, the court heard that the defence and state had come to an agreement to amend Nzuza's bail conditions.

Nzuza's attorney Doda Madonsela said during a discussion with the state that  the defence agreed that it would not be necessary to waste judicial time.

“As a result we have agreed with the state with what appears to be grey matters relating to two bail conditions.” 

Senior state prosecutor Hazel Siraramen said among the amendments of the conditions, Nzuza would now not be allowed to have anything to do with eThekwini tender processes, no matter the value of the tender concerned.

Davis warned Nzuza and said should he breach his conditions he runs the risk having his  bail cancelled and being placed in custody until his trial.

“History tells us that corruption matters take a long time. At least now, the die is cast, and you know exactly what is expected of you. You need to understand that the court is trying to prevent something from happening that will undermine the administration of justice,” said Davis.

Nzuza was released from custody and his bail extended until his next appearance on December 10.

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