Former mayor of eThekwini Zandile Gumede with her supporters outside the Durban High Court on Monday.
Image: Nomonde Zondi
The Durban High Court has slammed the state for trying to introduce new evidence without context in its re-examination in the fraud and corruption trial relating to a R300 million Durban Solid Waste tender.
The former mayor of eThekwini Zandile Gumede and 21 others are charged with conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, and contravention of the Municipal Finance Management Act and the Municipal Systems Act.
On Friday, Advocate Griffiths Madonsela, counsel for one of the accused former City manager Sipho Nzuza, presented evidence from a witness, who cannot be identified as per an order of the court, that Nzuza followed all the supply chain management policies in extending the Durban Solid Waste (DSW) tender contracts.
The state on Friday said it would correct the perspective that the defence had put before the court by presenting a crucial document on Monday.
The document is a page of the minutes of the meeting of the Bid Adjudication Committee (BAC) held on June 29, 2018.
On Monday state prosecutor advocate Reshma Athmaram, handed the one-page document to the defence counsels before she started her cross-examination.
However when Athmaram tried to introduce the document, for re-examining a witness from the City, advocate Jimmy Howse SC, counsel for deputy head of supply chain management Sandile Ngcobo objected.
“A witness is being questioned about a document completely out of context,” said Howse.
Judge Sharmaine Balton asked Athmaram where the document was extracted from.
“This is a random page it has to be in context,” Judge Balton said.
Advocate Jay Naidoo, counsel for Gumede and some of the accused said this one-page document could not be introduced in the re-examination phase.
Advocate Griffiths Madonsela SC, who looked eager to see if this document was going to be allowed for re-examination said, if the court allows it he would put in an application to reopen his cross examination.
“I’m going to have a field day if this document is allowed,” he said.
Balton ruled that the witness would not be re-examined on this document. Moreover, Athmaram wanted the document to be admitted as an exhibit so that it would be used on two witnesses who would testify in court.
“I have an objection to this document being given an exhibit number. I have a problem with it being admitted without proper context,” said Naidoo.
However, Balton admitted the document as an exhibit.
In this re-examination, the state established that City Manager Nzuza overlooked the decisions of the BAC.
On Tuesday the state is expected to bring in a new witness.
nomonde.zondi@inl.co.za
