Multimillion-rand toilet tender fraud case to continue in April
The trial of city manager Noxolo Nqwazi, suspended metro housing boss Mvuleni Mapu and others implicated in a multimillion-rand fraud case is finally ready to continue.
This, after the state failed to submit an application for discovery of further evidence as ordered by the Gqeberha commercial crimes court in November.
Addressing the court yesterday, state advocate Leigh-Anne Pillay-Selahle said after s consultations with lawyers representing the accused, it was not necessary to bring the application as all the requested documentation was handed over to them.
According to Pillay-Selahle, only one page of the docket had not been properly scanned and sent, which has since been resolved.
Attorneys of the accused Nqwazi, Mapu, former ANC regional secretary Luyolo Nqakula, Morne van der Linde, his company HT Pelatona Projects, businesspeople Xolani Masela, Nwabisa Masela, Nompumezo Ngotsha and her company Thuthiko Logistics as well as former DA councillors Mbulelo Manyathi, Trevor Louw and Neville Higgins voiced their irritation with the state’s conduct but accepted that the trial could continue.
Only Nqakula was present at court yesterday while his coaccused were previously excused from attending proceedings.
At the start of the trial, all 12 pleaded not guilty to charges including fraud, corruption, money laundering and contravening the Municipal Finance Management Act (MFMA).
It is alleged Nqwazi and Mapu bypassed certain processes to award a R24.6m tender to HT Pelatona for the construction of 2,000 toilets around Nelson Mandela Bay during the height of the Covid19 pandemic.
According to the state, on April 17 2020, Mapu allegedly drafted a document as motivation for Nqwazi to approve the appointment of HT Pelatona but did not outline why the prescribed tender process could not be followed.
Less than a week later, Nqwazi signed the document and on the same day R400,000 was paid into the bank account of Thuthiko Logistics.
Days later, R300,000 was paid into the bank account of Nwabisa Masela, who then paid it over to her husband Xolani’s account.
The money was then allegedly paid to Nqakula’s account who subsequently paid R100,000 into the accounts of Manyathi, Louw and Higgins for what the state claims was gratification after they helped remove Athol Trollip as Bay mayor at the time.
All the accused are out on R5,000 bail each.
The matter is expected back in court on April 17.