State to finalise Gumede R430m graft audit probe
Court, accused given update
The state has agreed to finalise its forensic audit report into the R430m corruption scandal involving former eThekwini mayor Zandile Gumede and her 16 co-accused within the next three months.
Gumede and her co-accused, who include eThekwini municipal manager Sipho Nzuza, appeared in the Durban specialised commercial crimes court yesterday.
During proceedings the state updated the court on its ongoing investigations into the R430m Durban Solid Waste tender, which is alleged to have been irregularly awarded to four companies in 2016, shortly after Gumede took office as mayor.
Senior state prosecutor Ashika Lucken outlined the mammoth task to finalise the forensic audit report.
“I am advised that the estimated length ..., together with the annexures and supporting documents, will be about 350,000 pages.”
She said investigators estimated they would need at least three months to complete it.
“Discovery and the indictments would then be the next step taken once this is completed,” Lucken said.
Gumede’s lawyer, advocate Jay Naidoo, was expected to proceed with his section 342A application – which pertains to unreasonable delays in trials – in an attempt to have the matter struck off the roll.
However, after the state had furnished the court with an update regarding its investigations, Naidoo opted to postpone his application to the next court date.
Magistrate Dawn Somaroo postponed the matter to December 10 – ordering the state to update the defence teams regarding the completion of the forensic audit report by November 26.
Meanwhile, Nzuza’s attorney, Griffiths Madonsela, made allegations against Hawks investigators who he said induced Nzuza’s 84-yearold mother into making a statement by providing her with fruit and vegetables.
Madonsela said he was shocked to learn of the alleged “dirty tactics” used by two investigators who visited Nzuza’s mother at her Durban North home last month.
“They visited the home of my client’s mother, bringing along fruits and vegetables in the process of procuring a statement in relation to the accused person.
“The accused was called when the statement was being taken. From the very little he had heard he spotted obvious inaccuracies in what was being documented by the investigators,” he said.
“The officers informed my client that anything he did would constitute obstructing the ends of justice. He then decided to leave.”
Madonsela sought clarity on whether Nzuza’s mother was a witness in the case, which would subsequently mean that Nzuza would not be able to communicate with her – as this would result in the breach of his bail conditions as interference with witnesses.
However, Lucken said that the information from Nzuza’s mother was merely confirmatory information and she did not form part of the witness list. Somaroo ordered that the state look into the allegations.
Gumede and Nzuza remain out on R50,000 bail.