Former eThekwini mayor Zandile Gumede.
Image: Doctor Ngcobo
As the multi-million money-laundering and corruption trial of former mayor Zandile Gumede and 21 others continued at the Durban High Court, the defence counsel swiftly objected to the State trying to cross examine its witness when she gave an answer that the state was not anticipating.
The accused are all charged with conspiracy to commit corruption, fraud, money laundering, racketeering, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to the Durban Solid waste (DSW) R300 million tender.
Today the state witness, a contract administrator who cannot be named due to a court order and testifying virtually, could not recall why she sent an email with a signed Bid Adjudication Committee (BAC) report while the subject of the email said Exco (executive committee) report.
In this email she sent on November 24 2017, she asked for a signature to one of the Municipal officials, saying that it was urgent.
“I have the addendum report that you need to sign urgently, please indicate if you are at the office,” the email said.
Moreover, the BAC report that she had attached already had a signature of this municipal official. The report was signed on 17 November 2017.
Taken through all of this in different ways, the contract administrator said: “I wish I can remember. I can’t remember why the subject said Exco report when a BAC report was attached.”
The defence objected to the line of questioning submitting that it had turned to a cross examination.
Advocate Reshma Athmaram, counsel appointed by the National Prosecuting Authority (NPA) said the witness - who at this stage had been excused for a short while - was giving an answer that she did not anticipate.
As she said this, defence counsels burst out in laughter.
“She is a key witness in respect of (the fourth accused, Allan Robert) Abbu,” Athmaram added.
When the witness came back online, Athmaram asked her who tasked her to get a signature from the municipal official.
“I was instructed by Mr Abbu,” she said.
Moreover, this witness said one of her duties is to draft reports that go to the BAC and prepare tender documents within the municipality.
The state alleges that Abbu who was the Deputy head of DSW contravened the statutes, regulations, and protocols related to the Supply Chain Management process of the DSW tender to circumvent the outcome of the DSW tender in favour of juristic entities and/or individuals proximate to the accused and the political party to which Gumede and second accused Mondli Michael Mthembu are aligned.
Mondli at the time was a member of the Exco and councillor in the City.
The trial continues.
nomonde.zondi@inl.co.za
