Court dismisses bid to strike off R37m Mhlathuze Water graft case

THE Durban High Court has dismissed an application to strike the corruption case against former director-general of KwaZulu-Natal Premier's Office, Dr Nonhlanhla Mkhize, and her 11 co-accused off the roll.

- NOMONDE ZONDI

The accused are facing charges on various counts of corruption, contravening the Prevention and Combating of Corrupt Activities Act, fraud, money laundering, theft, extortion and conspiracy to commit robbery stemming from the award of tenders for legal services at Mhlathuze Water.

Among the accused is the former CEO Mthokozisi Duze and former CFO Babongile Mnyandu of Mhlathuze Water. The application by the defence was based on claims of unreasonable delays by the State and an accusation that the State had defied an order from the Specialised Commercial Crimes Court on April 6, 2023. That order stipulated that the State must finalise all outstanding investigations and determine the trial forum, failing which the case would be struck off the roll.

The defence further stated that the State conducted a fresh investigation and disclosed its findings in 2025, but failed to disclose this information to the presiding judge or the defence counsels.

They argued that the recent disclosure of the use of a new entity for the investigation was prejudicial to all the accused.