NPA NOTES THE JUDGMENT FOLLOWING SECTION 174 RULING IN NMBM PROCUREMENT CASE 

05 February 2026 

NPA NOTES THE JUDGMENT FOLLOWING SECTION 174 RULING IN NMBM PROCUREMENT CASE 

The National Prosecuting Authority (NPA) will study the judgment delivered by the Gqeberha Specialised Commercial Crimes Court which discharged eight accused persons and two business entities that were indicted for alleged corruption and money-laundering relating to the awarding of a contract for the building of 2000 permanent toilets at a cost of R24,6 million as a COVID-19 dedensification measure in the Nelson Mandela Bay Metropolitan Municipality (NMBM). 

The State also welcomes the refusal of the same application by suspended NMBM City Manager, Noxolo Nqwazi, and the metro’s former acting executive director of Human Settlements, Mvuleni Norman Mapu, on charges of fraud and contravention of Section 173 the Municipal Finance Management Act (MFMA). Their case has been postponed to 01 April 2026 in order for their attorney to take instructions about the way forward. 

The NPA respects the decision of the court and will study the judgment and its reasoning in detail. This process will inform the State’s next steps in the matter, in line with prosecutorial policy and applicable legal processes. The charges emanate from an investigation by the DPCI (the Hawks) into allegations of fraud, contraventions of the MFMA, corruption and money laundering linked to the procurement of services for the construction of permanent toilets during the COVID-19 State of Disaster in 2020. The SIU ran a parallel investigation into the same allegations and managed to stop some of the alleged payments in relation to the matter by the Nelson Mandela Municipality. Before the State closed its case it led more than ten witnesses from the Metro, and submitted several exhibits of documentary evidence pertaining to the fraud and procurement charges. 

The NPA reiterates its commitment to prosecuting complex commercial crime and corruption matters, particularly those involving public funds and emergency procurement processes. Every matter is assessed on its merits, and the NPA remains guided by the evidence, the law and the interests of justice. 

Issued by: 

Luxolo Tyali 

NPA Regional Spokesperson 

Eastern Cape Division 

Tel: 0475012630 

Cell: 0735559292 

Email: ltyali@npa.gov.za