KEY POINTS
- A witness struggled to explain inconsistencies in a key email.
- The defense objected, calling the state’s questioning improper.
- The prosecution links the DSW tender to politically connected individuals.
The corruption and money-laundering trial involving former eThekwini mayor Zandile Gumede and 21 other accused individuals took an unexpected turn in the Durban High Court. A state witness struggled to recall details of a crucial email.
The defense team quickly objected when the prosecutor attempted to cross-examine its own witness. This objection prompted laughter from the courtroom.
The accused face charges of fraud, racketeering, money laundering, and conspiracy to commit corruption. These charges are linked to the controversial R300 million ($16.4 million) Durban Solid Waste (DSW) tender.
The state’s key witness, a contract administrator, was testifying virtually under a court-ordered protection.
She failed to recall why an email she sent in 2017 contained an attachment labeled Bid Adjudication Committee (BAC) report, while the subject line indicated an executive committee (Exco) report.
She also could not remember why she urgently requested a signature from a municipal official, despite the report already being signed days earlier.
Witness says she was acting on instructions
When asked who instructed her to seek the official’s signature, she responded, “I was instructed by Mr. Abbu.” Allan Robert Abbu, the fourth accused in the case, was the deputy head of DSW at the time.
The state alleges that Abbu manipulated supply chain regulations to steer the DSW tender toward individuals and entities connected to the accused and their political party.
According to IOL, the witness also stated that her job responsibilities included preparing tender documents and drafting reports for the BAC.
Through these reports, the prosecution claims executives violated constitutional standards to grant businesses valuable municipal contracts without appropriate oversight mechanisms.
Prosecution faces challenge as defense pushes back
The witness struggled to explain inconsistencies in her email. Advocate Reshma Athmaram, representing the National Prosecuting Authority (NPA), admitted that the testimony did not go as expected.
Humor and objection from the defense marked the exchange as they challenged what they believed was improper questioning by the opposing side during the trial.
Athmaram insisted that the witness played a critical role in the case against Abbu. He added that her testimony connected key actions in the contract approval process to the accused.
Moreover, the state presented evidence that Gumede, along with Exco member and city councilor Mondli Michael Mthembu, actively influenced the tender process.
The prosecution argued that officials manipulated the DSW tender to benefit politically connected individuals. They believe this directly violated municipal finance laws.
