R100 000 deposit under scrutiny in tender-rigging matter
An amount of R100 000 deposited into the personal bank account of an accused in the nearly half-a-billion-rand Durban Solid Waste (DSW) tender-rigging matter has come under scrutiny in one of Durban’s biggest corruption scandals, says a Sunday Tribune report.
Former eThekwini Mayor Zandile Gumede and city manager Sipho Nzuza are among those charged in a trial that has been postponed for three months to allow the state to finalise its 350 000-page audit report that delves into the kickbacks and corruption allegations against the 17 accused.
Last week, Nedbank was subpoenaed to explain how a Durban North branch handled a R100 000 deposit into a specific personal account without the depositor providing personal details.
The transaction was done by a bulk teller at Nedbank’s La Lucia branch in Durban during December 2017 without the depositor providing a name, ID number or mobile phone number.
According to the Financial Intelligence Centre Act (Fica) of 2001, accountable institutions are required to keep a record of every transaction.
Durban Regional Court Magistrate Shaun Carslow presided over the matter, and prosecution was led by Advocate Ashika Lucken.
Nedbank was first subpoenaed in March to provide information on the transaction but its response was not to the team’s satisfaction.
Therefore, notes the Sunday Tribune report, a Section 205 subpoena was then made on 21 August to compel Nedbank to provide the details required.
Fazeela Cassim, who was the La Lucia branch manager at the time of the deposit, explained in court that personal information was requested from depositors only when their electronic managing system (Verifone) prompted the teller to do so, to complete deposits into personal bank accounts.
When the R100 000 was deposited, Cassim said its system did not prompt the teller to request personal details from the depositor.
The magistrate said he had no reason to dispute Cassim’s evidence and that it was Nedbank’s policy in only some circumstances to request certain information, as a result the matter could proceed no further.
He also told the state that if it had issues with Nedbank’s policies and its compliance with the Fica requirements, it must ‘take it up with the High Court’.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
