Durban - Former eThekwini mayor Zandile Gumede’s lawyer on Tuesday called into question the powers of the eThekwini Municipality’s City Investigations Integrity Unit (CIIU), especially when it comes to enlisting the help of external service providers for forensic investigations.
Gumede and her co-accused, who include former Durban city manager Sipho Nzuza, former exco member Mondli Mthembu, Robert Abbu, who was Durban Solid Waste’s (DSW’s) deputy head, and Sandile Ngcobo, the former deputy head of supply chain management, face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act, amounting to more than R300 million.
Advocate Jay Naidoo yesterday put it to the State’s first witness, Mbuso Ngcobo, head of the CIIU, that the unit had broken the rules of reporting and accountability, and assumed other functions without the proper authority. This was in relation to deciding to conduct a forensic investigation into the alleged fraud regarding the DSW contract.
The rules and conventions that the defence cited as being overlooked by the CIIU during the investigation include:
- Failure to report the investigation before the Municipal Public Accounts Committee (MPAC).
- Failure to report to, and get council approval for, the investigation to commence on alleged corruption regarding the contract.
- The usurping of the powers and responsibilities of the Financial Misconduct and Disciplinary Board. Naidoo argued that by not reporting the matter to any structure within the municipality after being alerted to fraud and corruption, Ngcobo had failed to stop the fraud, and this had seen the City losing a lot of money.
In his response, Ngcobo dismissed suggestions of running a unit that only accounted to itself, telling the court that he had an administrative responsibility to update the city manager on investigations, as well as the MPAC.
He said while he respected the MPAC, he had refrained from reporting on the investigation into the DSW contract on the advice of the SAPS, which, along with independent investigations company Integrity Forensic Solutions (IFS), was investigating the case.
According to Ngcobo, the police insisted that the developments on the case had to be kept confidential until the case had been concluded.
Earlier in the day, Naidoo questioned Ngcobo on the State’s assertion that work on forensic investigations was equitably split among 17 service providers at eThekwini Municipality.
This after it emerged that IFS had three assignments that were unfinished before landing the Gumede investigation. The revelation, said Naidoo, contradicted Ngcobo’s earlier testimony that forensic investigators get given new work once outstanding work has been concluded.
According to the defence, yesterday’s revelations showed that the IFS had an unfair advantage over 16 other service providers who formed part of the panel that was used by the city for forensic investigation work.
Earlier this week, Naidoo told Durban High Court Judge Sharmaine Balton that there had been considerable influence exerted to concoct a political plot to discredit Gumede and have her removed from office.
He said there had been a deliberate circumvention of prescribed processes and protocols to ensure she was arrested, and for a prosecution to take place swiftly
Naidoo said this would form not only Gumede’s defence, but also that of some of her co-accused, including Mthembu, Ngcobo, Abbu and others.