Witness seeks to introduce new evidence in R320 million DSW tender fraud case
Former mayor of eThekwini Municipality Zandile Gumede and her sister in-law, Zano Maphumulo.
Image: Nomonde Zondi
A key State witness in the R320 million Durban Solid Waste (DSW) tender fraud case wants to introduce new documents as evidence for his cross-examination by the legal teams representing the accused in the matter. This resulted in a postponement of the case involving former eThekwini municipality mayor Zandile Gumede and 21 others at the Durban High Court yesterday.
The witness, who cannot be named as per the direction taken by the court at the start of proceedings, arrived with two boxes loaded with documents that he intended to use in support of the cross-examination he expects to undergo. The witness resigned from his position with the municipality two years ago, citing death threats as the basis for his departure from the entity.
He was part of management at the City Integrity and Investigations Unit (CIIU), which investigated any improper conduct in the entity's affairs. The witness testified about two years ago; however, after he contracted an illness, the legal teams of the accused were unable to complete the cross-examination of the evidence he submitted.
In October 2024, the witness made a return to the dock for cross-examination, but it had to be paused as Gumede’s lawyer, advocate Jay Naidoo SC, indicated that he would like the opportunity to reopen his cross-examination, which he had done previously. Naidoo intends to probe the witness about a recent report by Masama Consulting. Masama was hired by the city to investigate the appointment of Integrity Forensic Solutions CC (IFS) after a whistle-blower's report. IFS was central to investigations in the R320 million DSW saga and the alleged tender irregularities that emerged, which led to Gumede and her co-accused being charged with corruption, fraud, money laundering, and manipulation of procurement processes related to the DSW tender.
The Masama Report stated that IFS was unlawfully appointed by the CIIU. This witness is said to be implicated in the alleged unlawful appointment of IFS.
Earlier this year, the court ordered the State to make the Masama Report and other documents available to the defence. Naidoo was expected to begin his cross-examination yesterday.
However, State prosecutor Reshma Athmaram informed the court that her colleagues, present in the virtual court where all witnesses testify, observed this particular witness arriving with two boxes of documents. It is still not known what the documents contain.
Athmaram informed the court that the day would be dedicated to copying the documents brought by the witness before distributing them to Gumede's legal team and the other teams. “We propose that the trial be adjourned to Thursday morning,” Athmaram said.
Judge Sharmaine Balton stated that copies of the documents would be provided to all parties, a decision which was reached during discussions in her chambers. Balton subsequently postponed the case to tomorrow.