The eThekwini Municipality has on Thursday stated that it has no intention to sabotage the R320 million Durban Solid Waste (DSW) tender trial against its former mayor Zandile Gumede.
Gumede is currently on trial with 21 others at the Durban High Court for numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the tender.
The Head of legal and compliance in the city, Malusi Mhlongo, said eThekwini was the complainant in Gumede’s case.
“It is in our interest as the city for that matter to proceed,” he said.
Mhlongo said there were accusations that eThekwini’s City Integrity and Investigations Unit (CIIU) terminated the agreement of Integrity Forensic Solutions CC (IFS) and the Hawks to sabotage Gumede’s case.
He said that is not true, explaining that the agreement was entered before the former CIIU boss resigned.
The IFS is the company that investigated the DSW tender irregularities after the CIIU anonymously received a stack of documents regarding the tender.
In terms of that agreement, Mhlongo said the IFS was supposed to assist the Hawks and the prosecutors, and all their expenses were supposed to be paid by the municipality.
Mhlongo stated that the reason the agreement between the CIIU, the Hawks, and the IFS was terminated was that the former acting head of the CIIU questioned why the municipality had to bear the costs while it was the complainant.
As a result, the former acting head of CIIU terminated the agreement. He said the IFS took the municipality to court to review that decision.
“That matter is in court and it is still to be resolved,” Mhlongo added.
Additionally, he said after the city reported Gumede’s matter to law enforcement authorities, it was within its rights to save further use of ratepayers’ money and say it’s not liable for these costs because the State is now responsible for compensating the witnesses.
Meanwhile, Gumede’s case faced another setback on Thursday as the ninth accused, Bagcinile Nzuza, was ill. Nzuza is the wife of former city manager, Sipho Nzuza.
Her counsel, advocate Paul Jorgensen, handed in her medical report to the court.
Counsel appointed by the National Prosecuting Authority (NPA), advocate Viwe Notshe SC, confirmed to the court that the State has seen the medical report.
Judge Sharmaine Balton ordered Bagcinile to join court proceedings via Zoom on Friday. The matter was then postponed to tomorrow.
