Zandile Gumede corruption trial | Key witness's memory called into question

On Thursday morning, the defence questioned the improvement of a state witness's memory who could not give an ‘anticipated’ answer on Wednesday at the fraud and corruption trial relating to the R300 million Durban Solid Waste (DSW) tender. 

22 accused including former mayor of eThekwini municipality Zandile Gumede are charged in this matter. 

They are 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 DSW R300 million tender.

On Wednesday the state witness, who is a contract administrator in the City, said she could not remember why she attached a signed Bid Adjudication Committee (BAC) report in her email to a city official, who cannot be named. 

The subject of her email said Exco (executive committee) report. The email was sent on November 24, 2017.

Before she was led with her evidence in chief on Thursday she asked the court to give her an opportunity to give clarity regarding her evidence. 

“I acknowledge the email it was an addendum, I made a mistake attaching a wrong report,” she said. 

The witness who testified in virtual court admitted that the email had a wrong attachment. 

“In short this email is irrelevant to this case,” she added. 

All counsels agreed they got clarity of what the witness was saying. Advocate Griffiths Madonsela SC, counsel for former City manager Sipho Nzuza, said as the witness was taken through this exhibit (email) by the state, it should now be struck off record. 

“Does the State accept that this be struck off record?,” asked Madonsela. 

Although the state tried to defend this Judge Sharmaine Balton struck this exhibit and evidence of the record, as it is not relevant to this case. 

Advocate Jimmy Howse SC, counsel for the fifth accused Sandile Ngcobo questioned that all the emails that the state has used on this witness to lead its evidence are from an Integrity Forensic Solutions CC (IFS) investigator. 

IFS is the forensic company that was appointed by the City Integrity and Investigations Unit (CIIU) to investigate DSW tender irregularities. CIIU is an investigations unit within the municipality. 

He said the source of extraction of these emails must be known. He also said he suspects that the IFS investigator might have mixed the emails up. 

Advocate Graham Kerr-Philips said it seemed that the emails were put together by the IFS investigator. 

However, Advocate Reshma Athmaram, counsel appointed by the National Prosecuting Authority (NPA) said she did not understand this as the witness clearly stated that she attached a document to the wrong email. 

Judge Balton said the state should check whether they have the correct attachments.

Further in court proceedings, Athmaram asked the witness to compare several documents that she had prepared for the fourth accused Allan Robert Abbu and the ones that Abbu made changes to. 

In one of the documents, the witness said after she had prepared a report she sent it to Abbu for perusal as her boss at the time. 

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.

The trial is to continue on Friday morning. 

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