Zandile Gumede trial: Former eThekwini officials unaware of tender protocol violations

The Durban High Court, hearing the R320 million Durban Solid Waste (DSW) tender corruption trial this week learned that the former City manager of eThekwini Sipho Nzuza and the ex-deputy head of Supply Chain Management (SCM) Sandile Ngcobo were not aware that certain protocols were not undertaken before the awarding of the tender in 2018. 

The former eThekwini bosses are accused, along with the former mayor of the city, Zandile Gumede, and 19 others, of numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the tender.

The court has learned that since the contracts were set to expire on December 31, 2017, the Solid Waste Unit stated that it was imperative to hire experienced service providers to collect waste in 2018.

During cross-examination by defence counsel Advocate Jimmy Howse SC, he questioned a State witness who was part of the Executive Acquisitions Committee (EAC), established by Nzuza to advise him on recommendations made by the Bid Adjudication Committee (BAC).

Howse asked the witness why, in her capacity as an EAC member, she did not alert Nzuza that compliance checks had not been completed.

He also asked her why she did not tell Nzuza that the BAC had approved the quotations of contractors to collect waste and that this had to be reviewed by the EAC. 

The witness, who cannot be named, said Ngcobo had told her that EAC was not a statutory committee. She said when Ngcobo came to her office on December 28, 2017, to request her to prepare letters of award as per Nzuza’s instruction, she raised this with Ngcobo, who told her that  Nzuza had the final say.

“How could I have advised him(Nzuza) when I was told that EAC is not a statutory committee. I was not sitting on EAC at that time because I was on tenders and contracts,” the witness said. 

She also said that she told Ngcobo that compliance checks were not done. 

Howse asked her why she did not mention this when she was writing her affidavit. He said she did write that compliance checks were not completed but she did not state that she alerted Ngcobo about this on December 28. 

“Because what Ngcobo and I mostly disagreed on was that the report (the BAC decision) had to go to the EAC,” she replied. 

The witness added that one of her concerns was that she did not have staff to draft the letters of award. 

When it was put to the witness that she was duty bound to tell Nzuzo about any concerns she tresponded that she had raised her concerns with Ngcobo and it was his responsibility to inform Nzuza. 

When Howse put it to the witness that she failed to do her job, the witness disagreed with him and said she did her job to the best of her abilities.

A new witness is expected to start her testimony on Friday.

nomonde.zondi@inl.co.za