Zandile Gumede's defence questions 'hurried, after-hours' decision to investigate graft allegations

Suggestions of a political motive behind the prosecution of former Durban mayor Zandile Gumede are expected to emerge at the marathon graft trial.

Her advocate, Jay Naidoo, is questioning how it was possible that the initial tip-off, from an “anonymous whistle-blower”, was signed off as a full-blown investigation in one day.

Gumede and 21 others, including senior city officials, ANC councillors and four companies which scored what became a R320m Durban Solid Waste contract, are on trial before Durban high court judge Sharmaine Balton on charges of racketeering, corruption, money laundering and fraud.

This week Balton heard evidence from the City Integrity and Investigations Unit's (CIIU) Mbuso Ngcobo that the initial complaint came from the whistle-blower, who arrived at the unit’s offices on March 7 2018 and dropped off an envelope containing documents relating to the tender award and a “statement of allegations”.

Naidoo said the defence had not been supplied with this document and the case stood down.

It was then admitted in evidence as “exhibit H”.

While Ngcobo said this was the full record on file at his office, it did not contain the “statement of allegations”, only official council documents relating to the contract and letters signed off by then municipal manager Sipho Nzuza (who is accused number three in the trial) confirming Ilanga La Mahlase Pty Ltd, Uzuzinekele Trading, Omphile Thabang Projects and El Shaddai Holdings Group CC had been awarded the contract. 

Ngcobo previously testified that his office was under-resourced, with only 70 investigators dealing with complaints, potentially against 28,000 employees, and that he had been authorised to use private contractors to assist with backlogs.

He said the usual process when a complaint was received was that it would be handled first by an assessor, then that person's manager, then a legally qualified quality assurance team, before being signed off by his deputy and, eventually, him.

This would kick-start an internal investigation and “checks and balances” were necessary to avoid “malicious allegations”.

But under cross-examination on Thursday, he was hard-pressed to explain how the initial anonymous complaint had been logged as having been received at 3.50pm on March 7, just 10 minutes before normal closing time and then, on that same day, assessor Shawn Hittler had signed off that an investigation file must be opened. Hittler then approved his own decision.

That evening, senior manager Dumisani Cele approved this and the following day Ngcobo gave it the final stamp of approval. 

“So this entire process took one day and the assessment was done in 10 minutes,” Naidoo said.

Ngocbo said he could not answer for Hittler, but he could have been working overtime.

Naidoo then questioned how the normal checks and balances had been applied when Hittler had signed off as an assessor and a manager.

“You signed off on this the next day ... how sure were you that all the correct steps had been followed?”

Naidoo also questioned why there was no indication in the document that the unit's legal team had looked at it.

Ngocbo said his personal assistant would send all files to the head of quality assurance, a Mr Mthembu, for checking and he would not always “reduce things to writing unless I specifically ask him to”.

Asked if he had checked the documents allegedly left in the envelope before he signed, he conceded: “I might not have gone through all of them because the manager and the legal person had done so.”

He then admitted he had not gone through the entire bundle and had not read from page seven onwards, the documents attached to the standard complaint form Hittler had completed.

“We were just following the registration (for a preliminary investigation) process,” Ngcobo said.

Naidoo then asked for a copy of the internal report which resulted from that process and prompted the engagement of private investigation company Integrity Forensic Solutions (IFS) on March 24. 

He also asked for further documents, including the IFS appointment letter, mandate, terms of reference and scope of investigation before he could proceed with cross-examination.

Balton said it should be easy for these documents to be located and emailed through, and stood the matter down for 15 minutes.

However, three hours later, at 2pm, the documents had still not materialised. 

She ordered the state give them to the defence teams by lunchtime on Friday and adjourned the trial until Monday.

Gumede, as accused number one, is alleged to be the kingpin behind the “racketeering enterprise”. 

With her in the dock are former ANC senior councillor Mondli Mthembu; Sandile Ngcobo, deputy head of supply management; Robert Abbu, city deputy head of strategic and new developments; Nzuza’s wife, Cynthia Nzuza; ANC councillors Mthokozisi Nojiyeza, Sdudozo Khuzwayo and Bhekokwakhe Phewa; and the four service providers.

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