Durban — Evidence was expected to be heard when the trial of former eThekwini mayor Zandile Gumede and her co-accused finally begins in March in the Durban High Court.
This was after it was agreed between the State and counsel that the reading of the charges be curtailed instead of the whole indictment of counts against the accused being read out.
All the accused pleaded not guilty to all counts against them.
Prosecutor Ashika Lucken on Tuesday continued reading out the original 2 793 counts, and before the lunch break advocate Griffiths Madonsela, SC, representing Sipho Nzuza, brought to the attention of Judge Sharmaine Balton that despite the State being asked on Monday not to read details of the counts to save time, it was still doing that.
Following the break, the State grouped the reading of the charges. Adding to that, Lucken said that counts 2 432 to 2 585 against accused Zithulele Mkhize and the entity he is the sole member of, Uzuzinekela trading 31 CC, had been withdrawn. This was because the monies referred to in the 153 counts had been received before the DSW contract had been awarded.
Mkhize is charged along with Gumede and 20 others, including companies. They face 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.
The State alleges Gumede, Mondli Mthembu (an executive councillor), Nzuza (former city manager), Robert Abbu who was deputy head at DSW and Sandile Ngcobo, the former deputy head of supply chain management, as well as Nzuza’s wife Bagcinile acted with common purpose to manipulate procurement processes.
It is alleged they worked together to ensure orders or contracts were awarded to specific suppliers, namely Ilanga LaMahlase Pty (LTD), Uzuzinekela trading 31 CC, Omphile Thabanga Projects and El Shaddai Holdings CC – all of which are listed as accused in the matter.
“A significant portion of the monies paid by the eThekwini Municipality into the accounts of the entities, namely, Ilanga LaMahlase Pty (LTD), Uzuzinekela trading, Omphile Thabanga Projects and El Shaddai Holdings CC for services purportedly rendered by them, were in turn paid into each other’s bank accounts,” alleges the State.
It alleges Umvuyo Holdings, represented by accused Sithamone Ponnan, received money from El Shaddai Holdings CC, and both entities were controlled by her son Craig Ponnan, adding these funds were dispersed, among others, to Nzuza and his wife, and Craig Ponnan.
The State further alleges all the accused unlawfully retained property derived directly or indirectly from racketeering activities.
“Some of the disbursements from Umvuyo bank account include R9 4440 000 that was paid into El Shaddai’s bank account. R3 703 497 was paid towards the purchase of a motor vehicle, a Lamborghini. R1 477 051.20 was paid toward the purchase of a motor vehicle, a Mercedes-Benz,” the State said.
The State alleges R198 514.42 was paid from Ilanga LaMahlase Pty (LTD) to Gumede, and R80 000 was paid to accused Sduduzo Khuzwayo and Bhekokwakhe Welcome Phewa.
Previously provisional dates set for the matter to sit next year were March 6 to 24, July 17 to August 18, and further dates were set until December 1.
Daily News