The long-running corruption case involving former KwaZulu-Natal (KZN) Director-General Dr Nonhlanhla Mkhize has hit yet another snag, with the defence moving to have the case dismissed — or, in legal terms, struck off the roll.
Their argument? The State, despite years of investigation, appears to still be doing its homework.
The accused — including senior officials from government entities — face 164 charges ranging from corruption and fraud to theft, intimidation, and obstruction of justice. Yet, as Thursday’s pre-trial conference (PTC) revealed, the prosecution may not be ready to face the music anytime soon.
Defence Raises Red Flags Over Fresh Evidence Dump
Advocate Jimmy Howse SC, representing former Mhlathuze Water CEO Mthokozisi Duze, told the court that the State recently handed over two terabytes of new evidence, 42 affidavits, and a comprehensive report — all arriving just weeks before the scheduled PTC.
“The primary issue is that the defence could not have prepared for this pre-trial conference, let alone the first session of the trial,” Howse said.
He added that the State had not explained why additional investigations were carried out long after arrests were made, or why this sudden influx of data was only disclosed now.
The pile of documents, described as “thousands upon thousands of pages,” left the defence arguing that the trial was nowhere near ready to begin.
State Accused of Withholding Information
Advocate Paul Jorgensen, representing the fifth accused Sithembelo Mhlanga and four others, accused the State of being less than forthcoming.
“The State did not inform this court about the terabytes coming. Now we have more documentation. We could never be trial-ready,” Jorgensen said.
He revealed that a new complainant had been appointed and that the forensic firm originally responsible for the investigation had been replaced — developments that were never disclosed in previous proceedings.
“If the State was confident in its original investigation, why start another one?” Jorgensen asked, calling for the case to be struck off under Section 342A of the Criminal Procedure Act, which allows dismissal when unreasonable delays prejudice the accused.
‘Premature Arrests’ and Procedural Gaps
Advocate Jay Naidoo SC, representing Babongile Mnyandu and another accused, echoed the sentiment, suggesting that the arrests were “premature at best, and reckless at worst.”
Meanwhile, Advocate Zandile Mshololo, appearing for Dr Mkhize, noted that the record itself speaks volumes about the procedural challenges the case has faced.
“We still have to go through all these documents before we can even think about being trial-ready,” Mshololo said.
Judge Questions the State’s Readiness
Presiding Judge Jacqueline Henriques cut through the courtroom noise, asking the prosecution to explain why the matter shouldn’t simply be removed from the roll.
When she pressed State prosecutor Mzwamadoda Mnyani for a direct answer on whether the defence’s claims were true, he conceded:
“Yes, my lady, it is correct.”
Mnyani admitted that the indictment may need amending and that one additional document was still pending. Despite this, he insisted that the case was “99% trial-ready,” a claim that drew raised eyebrows from the bench.
“It seems to me that there are additional things needed for your house to get in order,” Judge Henriques quipped, in what could easily double as advice for the State’s legal team.
Next Steps in the Case
The defence has been instructed to file a formal application to strike the matter off the roll, which the court will hear in November. Until then, the already lengthy case remains in limbo, burdened by what the defence has described as State inefficiency and investigative disarray.
While humour might lighten the mood in most courtrooms, the tone here remains serious — not least because this case, involving senior government officials and public funds, is yet another test of South Africa’s commitment to transparency and accountability.
And as one observer quietly remarked outside court, “If justice delayed is justice denied, then we might be running a very long tab.”
