Durban — As the KwaZulu-Natal director-general, Dr Nonhlanhla Mkhize, fights to douse the flames of charges she faces, Premier Thamsanqa Ntuli has adopted a wait-and-see approach.
Several internal sources in the provincial government have told the Daily News that Ntuli was “worried” that the charges would likely dent his fight to cleanse the provincial government of corruption and nefarious elements.
Mkhize – a seasoned government administrator – is embroiled in charges relating to intimidation, obstruction of justice, fraud, and allegedly helping others to commit fraud or theft.
The charges stemmed from the uMhlathuze Water Board corruption case, which involved a string of people.
Mkhize has maintained that her hands are clean and is challenging the charges following her arrest in 2022.
She is facing more legal woes as she is now being probed for alleged extortion and robbery in the same case.
This is the first serious test for Ntuli, who vowed when he became premier in June to weed out corrupt officials.
“This is a matter that the premier is closely monitoring, and (he) does not want to act recklessly by suspending her amid the charges. But it does not sit well with him, especially after promising to rid the government of corrupt officials,” said a senior provincial government source.
Ntuli inherited Mkhize, appointed as the director-general in 2017 by former premier Willies Mchunu in the previous administrator.
The premier was approached for comment but directed the Daily News questions to Mkhize's office.
Bongi Gwala, head of provincial government communications, said: “This matter is before the court of law and, as a matter of principle and respect for the judicial processes, the director-general does not wish to discuss this matter outside of the courts.”
He added: “It is, however, a matter of fact that the court has moved the director-general from being accused number 1 in the previous sittings of this matter in court to being accused number 15, which is a significant development.”
Mkhize, who is represented by, among others, Griffiths Madonsela SC and advocate Zandile Mshololo, is fighting to be tried separately from the rest of the co-accused.
In the heads of argument, Mkhize’s lawyers said: “The two cases – Case number 41/115/2022 (annexure “D”) and Case number 41/114/2022(annexure “E”) – were, for all times, kept separate. This was no happenstance. It was so precisely because the State and the magistrate recognised that their substratum dealt with different matters.
“The State has not even attempted to make the connection between the two cases – not with reference to time and space, nor with reference to overlap or commonality of evidence and/ or witnesses. This is precisely the basis of the applicant’s (Mkhize) objection to (mis)joinder.”
Further, it said: “It is thus simply unfair for the State/respondents to join me in the case of other accused when it is clear that the allegations against me are self-standing and have no correlation with the other accused whatsoever.”
Gwala said that Mkhize had initiated the misjoinder (tried separately) application.
In her founding affidavit, Mkhize stated, among others, that “an overview of the bare allegations made by the State against me, the offences for which I am charged, are alleged to have occurred at a vastly different time and on a separate place/occasion from those offences which the State alleges in relation to the other accused.”
The State shot down Mkhize’s request for a separate trial.
Mkhize was charged, along with Siphiwe Mabaso, for allegedly pressuring Thabi Shange, the former chairperson of uMhlathuze Water, into handing over a corruption report that led to the arrest of others involved.
Responding to Mkhize’s request for a separate trial, the State said: “It’s important for society that people charged together are tried together because separate trials can waste resources. It’s generally better for those facing the same charges to be tried together.”
WhatsApp your views on this story to 071 485 7995.
Daily News