KEY POINTS
- The State and defence clashed over the introduction of new evidence in Zandile Gumede’s R300 million fraud trial, with the defence claiming they were not properly notified.
- A protected State witness testified about alleged irregularities in the tender process, including the extension of waste collection contracts without compliance checks.
- Judge Sharmaine Balton ordered the State to ensure all parties are informed about evidence at least three days in advance, as the trial continues to expose alleged corruption.
Tensions flared in the Durban High Court on Wednesday as the State and defence teams clashed over the introduction of new evidence in the high-profile fraud and money laundering case involving former eThekwini mayor Zandile Gumede and 21 co-accused.
The Zandile Gumede case, which revolves around a R300 million Durban Solid Waste tender, has been marred by delays and procedural disputes.
According to IOL, the defence team argued that they were not informed in advance about the new evidence, including emails, that the State intended to introduce.
Advocate Jimmy Howse SC, representing Sandile Ngcobo, the fifth accused, stated, “We were not given these email documents in advance.”
Advocate Reshma Athmaram, representing the National Prosecuting Authority (NPA), countered that the defence had been notified via email in June 2024 about the witnesses and exhibits.
Witness testimony reveals alleged irregularities in tender process
The State presented a new witness, whose identity was protected by a court order, to testify virtually.
The witness, who was involved in preparing tender documents and committee reports, revealed details about the alleged irregularities in the tender process. She admitted that her duties included drafting reports for committees such as the Bid Adjudication Committee (BAC) and the Bid Evaluation Committee (BEC).
The witness also confirmed that she had requested an extension for waste collection contracts in 2017, citing an emergency. “She said this was urgent and the BAC was waiting for the report. She said waste had not been collected as the contracts of service providers expired in November 2017,” explained Witness X, who had previously testified. Witness X further revealed that compliance checks, a condition for the extension, were never completed, and the documents were never provided.
Judge Sharmaine Balton intervened, instructing senior State advocate Ashika Lucken to ensure that all parties are informed at least three days in advance about the documents to be used in the trial. The defence team, however, remained dissatisfied, with some lawyers claiming they never received the emails, while others argued the notification was insufficient.
The trial, which has drawn significant public attention, continues to uncover alleged corruption and mismanagement in the awarding of the Durban Solid Waste tender. Gumede and her co-accused face charges of conspiracy to commit corruption, fraud, money laundering, racketeering, and contravention of the Municipal Finance Management Act and the Municipal Systems Act.
