Part 1 & 2: Will anyone face criminal charges?

After having received wind of the existence of the reports, Caxton’s NKZN Investigative Team soon discovered that some local politicians would go to great lengths to keep it under wraps.

June 12, 2019

Newcastle Advertiser 2 minutes read

Only after six months would the team successfully obtain a forensic investigation report originating from the KZN Treasury Department’s Internal Audit Unit, and findings from a 2014 Cogta (the Department of Co-operative Governance and Traditional Affairs) investigation.

The Investigative Team also had extensive interviews with many municipal sources, many of whom wish to remain anonymous for their own safety. Allegations made by these sources mirrored those made in the leaked documents.

Certain councillors denied the existence of these documents, while others admitted hearing of it but claimed to have never actually seen it. Many ANC members appeared to be intentionally suppressing the documents, presumably fearing the damaging impact it could have on the ruling party, should the contents become public knowledge.

Normally, reports such as these are tabled during municipal council meetings where it may be openly discussed. This act is called “tabelling documents before council” and renders it publicly available, enabling the media to report on it.

The Newcastle Advertiser tried to determine why the reports were not tabled.

The report had been forwarded by the Internal Audit Committee to the report to recently suspended municipal manager, Errol Mswane in July last year.

Former mayor, Makhosini Nkosi (who resigned at the beginning of this year and relocated to Durban to resume his law career), conf rmed that Mr Mswane informed him of the report, intending for it to be tabled before the Executive Committee (Exco) and then the full council, so that action could be taken. Nkosi stated that it was the intention to have it tabled in late January or early February.

This never happened. Nkosi explained that, as he was getting ready to leave and the municipal manager had been suspended, he brought the report to the attention of the Regional Executive Committee (REC) of the ANC. Current mayor, Dr Ntuthuko Mahlaba, the REC chairperson.

“I have no reason to hide this report. After I left, I was surprised that, until now, nobody has ever asked me about the forensic report, not even the opposition parties,” Nkosi said.

ANC sources alleged that Mahlaba and the REC chose to keep the report secret because it implicated ANC members in connection with fraud and corruption. When confronted with this allegation, Dr Mahlaba denied being in possession of the report.

Other repeated attempts to meet with Dr Mahlaba to discuss the details of the report have been unsuccessful.

Part 2 – Will anyone face criminal charges?

Despite Treasury’s forensic investigators strongly recommending that criminal action be taken against the politicians, officials and business people implicated, to date no formal action has been taken.