The former mayor of the now defunct Ingwe municipality in KwaZulu-Natal has been found guilty of stealing from the poor after she diverted funds from a food parcel scheme which she spent on catering, sound equipment and tent hire for the funeral of a councillor's relative.
It was alleged during Nomagugu Luzulane’s trial in the Durban commercial crime court that she was in a romantic relationship with the councillor, Amos Zondi.
Luzulane denied this. While she did not challenge that the money had been stolen, supply chain principles not followed and paperwork not completed, she said she was not involved and said the charges were politically motivated.
In his recent judgment, magistrate Garth Davis said the charges related to events in 2012. He said Ingwe municipality served a poor and largely rural community and it was against this backdrop that Operation Mbo — an outreach programme where underprivileged people were identified as needing help — had been implemented.
Operation Mbo provided relief parcels consisting of basic food such as rice, maize, potatoes, vegetables and bulk meat. It was run from the mayor's office but fell under “special projects”.
Davis said during the trial, many witnesses had testified, but it was not necessary to detail all the evidence because it was not in dispute that rules had not been complied with and the R71,500 had not been used for an Operation Mbo initiative and no food parcels were handed out.
Much of the money was spent at the Donnybrook Spar on items that would be bought for catering a function, rather than food parcels with staple items.
He said the question was whether Luzulane had been involved, was she present at the Spar, did she choose the items and were they loaded into her car and used at the funeral?
Luzulane’s personal assistant Lindiwe Zuma testified that after a meeting between her boss and the municipal manager, she had been given a list of names of people in need but the relevant documentation was not attached.
She said the requisition was approved by Mmabatho Brown, the municipal manager, and she sent the order form to the Spar.
She was aware that it was wrong but she merely followed instructions, a refrain that was repeated on numerous occasions during the trial
— Magistrate Garth Davis
Ordinarily, the families listed would collect their parcels from the Spar but Zuma was instructed by Brown and Luzulane to collect the parcels.
Zuma said when she arrived, the mayor was present, which was unusual. She was in the company of local caterer Zithelele Magobolo. The “luxury” items were being collected by Magobolo and placed into Luzulane’s Fortuna car.
“She was aware that it was wrong but she merely followed instructions, a refrain that was repeated on numerous occasions during the trial,” Davis said.
Another witness, Bonisiwe Nkandi, testified that the mayor had asked her to arrange for a tent and sound system for the funeral, which took place on April 21 2012 and “was for the brother of the accused’s boyfriend”.
Brown, who testified as an accomplice witness, said the mayor had sent a memo requiring the funds for Operation Mbo. There was no supporting documentation. She admitted approving the funds and that this was “irregular”.
Magobolo died before the trial began. But the magistrate agreed that the statement she gave to police could be handed in as evidence. In it, Magobolo said Luzulane had asked her to quote for the catering of 500 people at R100 a person. She said she had gone to the Spar, where Luzulane had told her the groceries were for the funeral.
Magobolo was told to send her invoice with “Operation Mbo” in the heading. She did not know what that was, and she believed she was cooking for an ANC funeral.
Luzulane, in her evidence, said she had been at a meeting in Bulwer on the day of the food collection from the Spar. She said she might have been there at some time during the day but was adamant that she did not participate in the purchasing of the goods nor did she witness it.
Davis, in summing up, said Luzulane’s advocate had pointed out flaws and that the conduct of some of the witnesses made them party to the fraud. But, the magistrate said, while some of the evidence, seen in isolation, may be wanting, “the sheer magnitude of the totality of the evidence paints a compelling mosaic”.
The mayor’s footprint was everywhere and her political conspiracy argument was false.
He said at least four witnesses had seen her at the Spar participating in the selection of goods and putting them in her car.
Davis said it had been proved that Luzulane had used her influence to secure the R71,500 for a fraudulent Operation Mbo exercise and that she had been aided and abetted by the municipal manager and by the non-intervention of other municipal workers.
Without authority, he said, the municipality had funded the funeral of Zondi’s brother.
Luzulane, who is on bail, was convicted of fraud and contraventions of the Municipal Finance Management Act.
Sentencing proceedings have been set down for September 11.
TimesLIVE
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