Prosecutors in the case against former eThekwini mayor Zandile Gumede and 21 others, charged with racketeering, fraud and corruption related to a R320m city waste contract, will begin showing their hand on Monday when evidence by the first witness is expected to start.
The case is being heard before judge Sharmaine Balton at the high court in Durban.
The trial began officially in August when more than 2,700 charges listed in the 400-page indictment were put to the accused who pleaded not guilty to all the charges.
The first witness to be called is likely to be chief corruption buster Mbuso Ngcobo, who heads the city’s Integrity and Investigations Unit (CIIU).
In that role, Ngcobo is responsible for implementing anti-corruption programmes. He leads a forensic investigations team that probes fraud, corruption and related offences.
It is expected his evidence will also relate to a 700-page audit report, compiled by an independent investigator.
Gumede’s advocate, Jay Naidoo, has previously told TimesLIVE Premium his client wants to get on with the trial. But it is unlikely to be over any time soon. It has been set down until March 24 and will then be adjourned until later this year.
With so many accused — each represented by different lawyers — and so many charges, it is likely to continue on and off until at least next year. The indictment lists some 55 potential witnesses.
The indictment alleges the accused worked together to ‘manipulate procurement processes’ so contracts were awarded to specific suppliers.
In the indictment Gumede, as accused number one, is alleged to be the “head” of an alleged corrupt enterprise, as defined in the Prevention of Organised Crime Act.
Gumede allegedly benefited from the “illegal” award of the contract through payments of about R2.8m directly and indirectly from some of the contractors.
She is accused of committing the crimes to “firmly establish” her position as mayor and increase her standing in the political arena, especially in the radical economic transformation (RET) camp of the ANC.
In total, the indictment details 2,793 charges (including some alternatives) relating to the award and renewal of the contract for refuse collection, street cleaning and to tackle illegal dumping in townships in 2017.
The indictment alleges the accused worked together to “manipulate procurement processes” so contracts were awarded to specific suppliers.
This enabled “large numbers of ANC ward councillors, ward committee members, members of business forums and organisations such as the MKMVA and Amadelangokubona (business forum) to benefit financially from the new DSW contract, thus increasing the possibility of being favourably regarded in the political arena”.
The accused include former ANC senior councillor Mondli Mthembu, deputy head of supply management Sandile Ngcobo, city deputy head of strategic and new developments Robert Abbu, suspended municipal manager Sipho Nzuza and his wife, Cynthia Nzuza, ANC councillors Mthokozisi Nojiyeza, Sdudozo Khuzwayo and Bhekokwakhe Phewa, and the companies that benefited from the contract (and their representatives) Ilanga La Mahlase, Uzuzinekele Trading, Omphile Thabang Projects and El Shaddai Holdings Group.
After representations by the South African National Editors Forum, judge Balton ruled last November that the trial be live-streamed.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.