A City official at the centre of this week’s proceedings in the multi-million rand Durban Solid Waste tender fraud trial in the Durban High Court had until 1pm on Friday to provide documents confirming the appointment of the forensics investigations company leading investigations into the matter.
It did not happen.
Mbuso Ngcobo, the head of the eThekwini Municipality’s “City Integrity and Strategic Investigations Unit” (CIIU), was instructed by Judge Sharmaine Balton during proceedings on Thursday to provide minutes of a March 2018 meeting, held in his division.
At the meeting with CIIU heads, it was decided to appoint Integrity Forensics Solutions (IFS) to investigate the DSW matter.
Proceedings began on Monday, with the State, led by advocates Ashika Lucken and Hazel Siramen, outlining the case they will be making against the 22 accused.
Zandile Gumede, the municipality’s former mayor, is accused number one.
Her co-accused include Sipho Nzuza, the entity’s former city manager, his wife Bagcinile, Robert Abbu, a former DSW head, Sandile Ngcobo, a DSW supply chain deputy head, councillors, businesspeople, and their companies.
The State believes an elaborate plan was devised by the accused, with Gumede being among the kingpins of an “enterprise” that fleeced funds from DSW projects for the benefit of ANC-aligned companies and individuals, MK veterans and business forums, and to fund the radical economic transformation agenda.
The projects to collect dumped refuse in various townships was meant to be worth R45 million but eventually snowballed to beyond R320m.
Siramen said Gumede, former councillor Mondli Mthembu, Sipho Nzuza, Abbu and Ngcobo managed the affairs of the enterprise over a three-year period.
Abbu was apparently appointed as a deputy head at DSW by Nzuza and handled the awarding of “special projects” without the knowledge of Raymond Rampersad, who was the head of the department at the time, and is now a State witness.
The accused collectively face nearly 2 800 charges relating to corruption, racketeering, money laundering, tender fraud and the contravention of the Municipal Finance Management Act.
The State has 112 witnesses and will also use various pieces of evidence including documents and cellphone and vehicle tracking data to link the accused to the charges.
The cellphone evidence alone totals more than 120 000 pages.
It will include details of Bagcinile Nzuza, who allegedly acted “in concert” with her husband Sipho, having repeated conversations with the likes of Ngcobo, Abbu, Craig Ponnan (accused number 18, a service provider), and Bongani Dlomo (accused number 15, a service provider).
The telephone conversations, and an invitation from Bagcinile to Dlomo for a meeting at the Nzuza’s home in Zimbali on one occasion, apparently occurred when decisions were taken regarding the awarding of the special contracts.
A whistle-blower anonymously dropped off an envelope bearing a statement containing DSW allegations and documents at the CIIU’s office on March 7, 2018.
Ngcobo, the State’s first witness, made this revelation.
He also believed Nzuza was cooperating with the investigation and was among the State’s witnesses who would testify, as he was familiar with the investigation.
Nzuza was arrested in March 2020, around the same time as the other accused.
Gumede's legal representative, advocate Jay Naidoo, asked Ngcobo to detail how his office handled complaints they received.
Ngcobo said once complaints were received, they were sent to an “assessor” who would then submit a report to a manager, and it then moved to a senior manager.
“I am at the end of the process.”
Ngcobo said he would also ask his “quality assurance team” (legal experts) to check all aspects. He finally gave the approval for an investigation after his deputy had penned his signature.
“There has to be lots of checks and balances because sometimes malicious allegations are made,” he said.
Regarding the documents received from the whistle-blower, labelled “Annexure H”, Naidoo questioned how all the relevant checks and balances were completed within a day (March 7 and 8) before it was approved for investigation.
“You said on more than one occasion that the CIIU had capacity issues,” Naidoo commented.
Ngcobo said his team often worked overtime hours. He agreed they had capacity challenges but he was satisfied all the relevant steps were taken before the complaint reached him.
“I engage with our head of quality assurance on all matters, including this matter, which would have happened on March 8, before I approved an internal investigation.”
Ngcobo said they had then engaged 17 service providers to help with their work backlog. It resulted in the drastic reduction of his staff’s work load.
The internal investigation report advised that the matter be looked at by external investigators.
Naidoo asked for that report to be made available, and the mandate and terms of reference handed to IFS, who were engaged on March 26.
Ngcobo agreed, but did not meet the deadline and is likely to be interrogated at the start of Monday’s proceedings.
SUNDAY TRIBUNE