Police intentions questioned in toilet tender case

Lawyers for officials in a multimillion-rand toilet tender fraud case have accused the police of using a search warrant as an excuse to question Thuthiko Logistics director Nompumezo Ngotsha about the R400,000 paid to her company.

This, as the trial involving Nelson Mandela Bay municipal manager Noxolo Nqwazi and housing boss Mvuleni Mapu continued in the city’s commercial crimes court yesterday.

Ngotsha is one of the 12 people accused of fraud, corruption, money laundering, and the contravention of the Municipal Finance Management Act.

The other accused are former ANC regional secretary Luyolo Nqakula, Morne van der Linde, his company HT Pelatona Projects, businesspeople Xolani and Nwabisa Masela, and former DA councillors Mbulelo Manyathi, Trevor Louw and Neville Higgins.

All the accused pleaded not guilty to the charges.

The defence alleges Ngotsha was not read her rights before being questioned at her Port Alfred home.

The allegation was put to Warrant Officer Asanda Bizani as she took to the stand yesterday.

Though she was not leading the investigation, Bizani had been present at Ngotsha’s home the day she was allegedly questioned.

It was further put to Bizani that only one drawer in Ngotsha’s house was searched.

Bizani admitted that, though her job on the day had been to take notes about their interactions, she had not done so.

However, she said she knew she would have to type up an affidavit, and that she had done so not long after the search was completed.

State advocate Leigh-Anne Pillay-Selahle, meanwhile, asked Bizani whether she had ever been part of a search before.

Bizani responded that she had not.

It is the state’s case that Nqwazi and Mapu bypassed certain processes to award a R24.6m tender to HT Pelatona for the construction of 2,000 toilets in the Bay during the height of the Covid-19 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 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 then mayor Athol Trollip.

The trial continues.

The defence alleges Ngotsha was not read her rights before being questioned at her Port Alfred home