Court rejects bid by ethekwini fraud-accused to have R1m released

ethekwini municipality deputy supply chain manager Sandile Ngcobo, one of 20 accused in a R320m corruption and fraud case relating to a waste collection contract, has failed in a bid to have R1m released from his restrained assets.

He claimed he needed the money to pay his legal fees.

Ngcobo is due to stand trial in the Durban high court in July along with former mayor Zandile Gumede, former municipal manager Sipho Nzuza, senior employee Robert Abbu and others.

After their arrests in October 2019, the national director of public prosecutions was granted a provisional order in terms of the Prevention of Organised Crime Act in which assets to the value of more than R230m belonging to the accused and others were restrained.

Finalisation of this order is being opposed.

It has been set down for argument in February.

However, Ngcobo launched an “interlocutory” application, seeking assets valued at R1m to be released immediately so that he could pay his legal fees.

These, he said, were R500,000 and counting.

He also wanted an order for the return of a Jaguar XF, a Porsche Cayenne, his wife Vuyiswa Ngcobo’s salary, R41,500 in cash, and the unfreezing of an Absa bank account.

Durban high court acting judge Sharon Marks has turned down all these requests.

In her judgment this week, she said following the granting of the October 2019 order, a meeting had been held between Ngcobo’s legal representative Jimmy Howse and the curator bonis (person appointed by a court to manage the finances, property, or estate of a person unable to do so for one reason or another).

The curator had asked Ngcobo to provide her with two things: first, a list “under oath” that itemised income and expenditure; and second, a document detailing his interest in the properties under restraint.

However, to date he had not complied with eoither of these requests.

There had been no “full and frank” disclosure as required by the Prevention of Organised Crime Act, Marks said.

The assets belonging to his wife and the Jaguar had already been returned, Marks added.