State ordered to provide details on how it appointed forensics investigators in the Zandile Gumede fraud matter

THE Durban High Court has ordered the State to make available a report indicating how the forensic company that investigated the former mayor of eThekwini Zandile Gumede and 21 others, was appointed by the eThekwini municipality’s investigation unit.

This after Gumede’s counsel advocate Jay Naidoo SC, stated in court that the appropriate supply chain management steps to appoint Integrity Forensic Solutions was not adhered to.

He then lodged an application in March with Judge Sharmaine Balton for the State to furnish the relevant information regarding processes to appoint the forensics company

IFS were given a mandate to investigate alleged tender irregularities that subsequently surfaced in the R320 million Durban Solid Waste (DSW) matter that is currently proceeding. 

Gumede and her co-accused, which includes businesses, face numerous charges including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act.

IFS was engaged by the City Integrity and Investigations Unit (CIIU), this after the CIIU received a stack of documents, anonymously, which detailed the alleged DSW tender irregularities.

After IFS investigated, the matter was handed over to the Hawks and arrests were made.

The court heard last year that there was an investigation led by the city to probe the appointment of IFS. As a result of that investigation, one of the CIIU's leading investigator was fired - the investigator was also one of the crucial witnesses in this matter.   

The media was prohibited from mentioning the names of State witnesses. 

In delivering her ruling on Monday, in lieu of the application brought by Gumede, Judge Balton said the State must provide her (Gumede) with the file opened and registered with the CIIU, pursuant to a ‘whistleblower’ report dated May 9, 2023, regarding IFS' appointment.

Judge Balton said this included, amongst other things, a whistleblower report dated May 9, 2023, the forensic investigation report, together with all annexures compiled by Masama Consulting and the CIIU recommendations on actions to be taken. 

Masama Consulting is the company that investigated the appointment of IFS and issued a report. 

Judge Balton said a copy of the agenda, minutes of the meeting, and resolutions of the Executive Committee and the full council of eThekwini municipality about the Masama report must be made available to the accused.

She also said that a copy of the record of the disciplinary proceedings instituted against the CIIU's top investigator by the municipality, should be made available. And the charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence. 

“The respondent (State) is directed to provide the information to the applicant (Gumede) within 10 days of this order,” she said. 

Other defence counsels in the matter indicated to the court previously that they were in support of the application. 

Naidoo, who has recently been promoted to a Senior Counsel, reminded the court that the entire investigation against Gumede was politically motivated.  The trial continues. 

DAILY NEWS