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IOL News
3 days ago
- IOL News
Judge's frustration grows over repeated absences in Zandile Gumede's corruption trial
Former eThekwini mayor Zandile Gumede and second accused Mondli Michael Mthembu. Image: Nomonde Zondi A Judge in the corruption tender case of R320 million involving the former mayor of eThekwini Zandile Gumede has expressed displeasure as one of the accused did not make it to court nor report on time that she is still unwell to attend court proceedings. The matter was being postponed for the third time on Tuesday morning since Thursday last week, following the sickness of Bagcinile Cynthia Nzuza. Nzuza is the ninth accused in this matter and is the wife of the former City Manager of eThekwini, Sipho Nzuza. The case has 22 accused who face multiple charges which include money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the Durban Solid Waste (DSW) R320 million tender. Counsel for Bagcinile, Advocate Paul Jorgensen, told the court that his client was not present in court and that there was a medical certificate, he handed a copy of it to the court. He said a representative from the instructing attorney could not get in touch with her. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Judge Sharmaine Balton said that this was unacceptable, as all accused individuals needed to be present in court. She said the accused were treated better in this matter compared to other criminal matters. Additionally, Balton said Bagcinile could have had someone else make a call on her behalf if she was too sick to speak. 'This is unacceptable, she has not bothered to call anyone,' she said. Judge Balton said she had two options, one was to issue a warrant of arrest for Bagcinile or issue a subpoena for the doctors. However, Jorgensen pleaded and said a warrant of arrest was harsh. He asked to at least find out what was going on. The former eThekwini city manager Sipho Nzuza's wife Bagcinele Nzuza. Image: Motshwari Mofokeng/African News Agency (ANA) Counsel appointed by the National Prosecuting Authority (NPA) adv. Viwe Notshe SC asked if the bail of Bagcinile was extended. He asked if it was not an option for the court to issue a warrant of arrest. 'Legal issue is, what is the basis for the postponement?' Notshe asked. He said this was the issue he forgot to raise while they were in chambers. All the counsels had been going in and out of chambers while the accused sat in the courtroom waiting for the matter to start. The accused looked displeased that there was going to be another postponement. After some pleading from Jorgensen and the judge expressing how the postponements have wasted time as she anticipated for the State to finish leading its evidence with the new witness. She said she knows that a warrant of arrest is harsh.
IOL News
12-06-2025
- Politics
- IOL News
eThekwini Municipality responds to sabotage claims in Zandile Gumede's fraud trial
Former eThekwini mayor Zandile Gumede and her supporters. Image: Nomonde Zondi The eThekwini Municipality has on Thursday stated that it has no intention to sabotage the R320 million Durban Solid Waste (DSW) tender trial against its former mayor Zandile Gumede. Gumede is currently on trial with 21 others at the Durban High Court for numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the tender. The Head of legal and compliance in the city, Malusi Mhlongo, said eThekwini was the complainant in Gumede's case. 'It is in our interest as the city for that matter to proceed,' he said. Mhlongo said there were accusations that eThekwini's City Integrity and Investigations Unit (CIIU) terminated the agreement of Integrity Forensic Solutions CC (IFS) and the Hawks to sabotage Gumede's case. He said that is not true, explaining that the agreement was entered before the former CIIU boss resigned. The IFS is the company that investigated the DSW tender irregularities after the CIIU anonymously received a stack of documents regarding the tender. In terms of that agreement, Mhlongo said the IFS was supposed to assist the Hawks and the prosecutors, and all their expenses were supposed to be paid by the municipality. Mhlongo stated that the reason the agreement between the CIIU, the Hawks, and the IFS was terminated was that the former acting head of the CIIU questioned why the municipality had to bear the costs while it was the complainant. As a result, the former acting head of CIIU terminated the agreement. He said the IFS took the municipality to court to review that decision. 'That matter is in court and it is still to be resolved,' Mhlongo added. Additionally, he said after the city reported Gumede's matter to law enforcement authorities, it was within its rights to save further use of ratepayers' money and say it's not liable for these costs because the State is now responsible for compensating the witnesses. Meanwhile, Gumede's case faced another setback on Thursday as the ninth accused, Bagcinile Nzuza, was ill. Nzuza is the wife of former city manager, Sipho Nzuza.
IOL News
11-06-2025
- IOL News
Zandile Gumede's R320 million fraud case adjourned as State seeks audit reports
Former eThekwini mayor Zandile Gumede in the Durban High Court. Image: Doctor Ngcobo / Independent Newspapers The Durban High Court said it was left with no choice but to postpone the R320 million Durban Solid Waste (DSW) tender fraud case involving Zandile Gumede on Wednesday morning, due to the State not being able to access audit reports from the eThekwini Municipality. Gumede, the former mayor of eThekwini, is on trial with 21 others for numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million DSW tender. The State, which is currently leading evidence from a new witness, was on Tuesday ordered to obtain the audit report regarding the household numbers that needed to be serviced in the 2016/17 financial year. This came after Gumede's counsel, advocate Jay Naidoo SC, objected while the witness, who cannot be named, was leading evidence. Naidoo stated they would like to access the reports to ensure they were consistent with the witness's oral evidence. The witness told the court earlier this week that in a report submitted to the Bid Adjudication Committee (BAC) on December 19, 2017, the number of formal and informal households that needed to be serviced was doubled, while some had been tripled. The Solid Waste Unit went to the BAC on December 14, 2017, to seek authority to invite quotations from experienced service providers for waste collection and illegal dumping services in the city. In a report, the unit had also included that this was an emergency, as there would be no one to collect waste in January 2018. On December 19, the BAC approved those quotations. The fourth accused, Robert Allan Abbu, served as the deputy head of the unit at the time. The witness, who said she was on leave during this time, said she sent an email to Abbu in February 2018. She stated that she would not be able to defend the number of households that went to the BAC, to the auditors. 'The contract value is misaligned, I am afraid I won't be able to defend this with auditors,' she read her email to the court. On Wednesday, counsel appointed by the National Prosecuting Authority, advocate Viwe Notshe SC, told the court that they had made enquiries with the municipality on Tuesday, and the box with the audit report was found. 'We are unable to get them today to be able to proceed,' he said. Notshe asked for the matter to be remanded until Thursday. 'It seems there is no choice; we have to adjourn till tomorrow (Thursday),' said Judge Sharmaine Balton. On Tuesday, the matter was also adjourned early to allow the State to obtain the audit reports. [email protected]
IOL News
10-06-2025
- IOL News
Zandile Gumede trial: Court hears evidence against ex Durban Solid Waste deputy head
Former mayor of eThekwini, Zandile Gumede. Image: Nomonde Zondi The fourth accused, Allan Robert Abbu, the former deputy head of the Durban Solid Waste (DSW) Unit, was aware that the waste collection tender evaluation process was advanced, according to a State witness who testified before the Durban High Court on Tuesday. Nevertheless, he halted the process, claiming to have a plan, and DSW hired seasoned contractors to collect waste. Abbu is accused, alongside the former mayor of eThekwini, Zandile Gumede, and 20 others, of numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million DSW tender. The new witness, who cannot be named, started giving her evidence in chief on Monday. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading She testified that her role in the eThekwini Municipality involved facilitating and coordinating unit score, providing admin support to the whole unit, providing an oversight role to the contract management section, preparing bid reports to different committees, attending committee meetings, and providing admin support to the whole unit, among others. So far, the court has learned that the DSW Unit had issued an open tender for waste collection in November 2017, and the closing date was December 13, 2017. However, the unit stated that it received numerous applications and would not be able to complete the tender process. As a result, they approached the Bid Adjudication Committee (BAC) to seek authority to invite quotations from experienced service providers to collect waste. The unit said this was an emergency as contracts of individuals collecting waste at that time were set to expire on December 31, 2017. The unit said it was imperative to hire experienced service providers. On December 19, 2017, the BAC approved the quotations of the service providers who are also accused in this matter. When DSW was motivating for this, it said there were in-house refuse collection services. However, the unit said there was intimidation of staff collecting waste, stoning, and torching of municipal vehicles. However, the State witness informed the court that the capturing of the bidders began on December 13.. She said she had asked for additional staff members from two units to speed up the process and evaluation, tax compliance, and tender amount for each response by December 15. However, she said it had not been finalised. Counsel appointed by the National Prosecuting Authority, advocate Viwe Notshe SC, asked the witness what would happen after the evaluation was done. 'After evaluation was completed, the bid adjudication report was going to the BAC,' the witness responded.
Eyewitness News
06-06-2025
- Politics
- Eyewitness News
City of Ekurhuleni to begin process of finding new city manager
JOHANNESBURG - The City of Ekurhuleni is preparing to begin the process of appointing a new city manager to succeed the outgoing Imogen Mashazi. Mashazi, the metro's first woman city manager, is scheduled to retire in August. However, the 65-year-old has declined to comply with a council resolution placing her on special leave ahead of her retirement. The council made the decision last week, citing the Municipal Systems Act, which prohibits individuals over the age of 65 from holding senior positions. Mashazi is unhappy about being placed on special leave just three months before her retirement. The city said it had to act in line with the Municipal Systems Act and would be in contravention of the law if it allowed her to continue working. While Mashazi said she won't accept the special leave, Ekurhuleni Mayor Doctor Xhakaza announced that the search for her replacement would begin soon. 'We have been granted the right to advertise the position, but you can't deal with advertising if you haven't clarified this one.' Mashazi had been hoping the city would at least allow her to finish her term, which is set to end in the next two years.
