Prosecution ‘threatened’ in DSW tender fraud case
Durban — The prosecution in the R320 million Durban Solid Waste (DSW) fraud and corruption case against eThekwini Municipality officials revealed in court that threats had been made against their lives.
The State made the revelation on Wednesday in the Durban High Court where a trial within a trial was being heard. After raising this concern, the State asked for the matter to be postponed to Monday. However, the defence counsels for the accused objected because the witness meant to testify was already at court and there was no threat inside the courtroom.
Judge Sharmaine Balton ordered that the matter proceed and not sit on Friday. Due to the perceived threats, the public is no longer allowed to sit in on the trial within a trial.
The main trial has taken a back seat as the State battles the defence in a trial within a trial to have the analysis of documents and electronic devices obtained through nine search and seizures form part of the main trial.
Former eThekwini mayor Zandile Gumede and 21 others face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering and racketeering.
The State alleges that Gumede, Mondli Mthembu (an executive councillor), Sipho Nzuza (former city manager), Robert Abbu, who was the deputy head at DSW, and Sandile Ngcobo, former deputy head of Supply Chain Management, and Nzuza’s wife, Bagcinile, worked together to manipulate the procurement process.
It’s alleged they worked together to ensure that orders or contracts were awarded to specific suppliers, namely Ilanga LaMahlase (Pty) Ltd, Uzuzinekele Trading 31 CC, Omphile Thabanga Projects and El Shaddai Holdings CC, who are accused in the matter.
The defence counsel for the four companies argued that the search seizures were unlawful and that the Durban magistrate who signed the search warrants had no jurisdiction to do so, rendering the evidence from the seizures inadmissible.
The court has heard evidence from a member of the Hawks who was one of seven investigators with the National Clean Audit Task Team that began investigating the case in November 2018 and drafted all nine search and seizure applications.
On Wednesday, another member of the Hawks, who was also an investigator with the National Clean Audit Task Team, took the stand. The witness who carried out the search and seizure on Ilanga LaMahlase (Pty) Ltd described how the company’s offices in Redhill were raided, and items seized.
“There’s evidence before this court that the Blackburn Road address (Ilanga LaMahlase offices) is not in the jurisdiction of the magistrate who signed the search warrant for the search and seizure. Were you aware that the address fell outside of the magistrate’s jurisdiction?” State prosecutor advocate Reshma Athmaram asked the witness.
The captain said he was not aware of this. He said the operation was executed on March 15 and that the previous State witness was present during the operation.
He explained that the National Clean Audit Task Team had the assistance of the National Invention Unit (NIU) in executing the warrants.
The witness said the NIU’s role was not to search and seize articles.
“We viewed it necessary to have the NIU there given the nature of KwaZulu-Natal which is sometimes too volatile. Also, there were certain threats already that existed. At that time we had been in the province for six months and people were already aware of our presence.”
The witness said when they arrived at the company’s offices, the gate was open and employees were already at work. He said after identifying themselves as law enforcement and showing a man on the premises the search warrant they were given consent.
“The man had sight of the warrant, we seized his cellphone, and we were just a few minutes into the search which started in the man’s office when Hlenga Sibisi and his lawyer arrived. We showed Sibisi the search warrant, there was no sign of resistance, and they were co-operating as we continued with the search.”
Sibisi, accused 10, is in control of the running of Ilanga LaMahlase. The witness said Sibisi signed an inventory of items seized which included documents from the municipality.
During cross-examination, advocate Paul Jorgenson, representing Ilanga LaMahlase, and Sibisi asked the witness if copies of seized documents were ever given back to their owners.
“If you are talking about eThekwini DSW documents, these are not going to be given back. If the documents were from the municipality to Ilanga LaMahlase, they are not going to get those back. They form part of the evidence. When we conducted the search and seizures, we wanted evidence and we got that through documents of eThekwini and there’s no way these will be returned.”
The trial within a trial continues on Monday.
Sunday Tribune