Durban - A state witness was questioned at length yesterday by defence counsel in connection with the City’s investigation that ultimately led to charges being brought against former eThekwini mayor Zandile Gumede and her co-accused in relation to an alleged tender scandal.
Gumede and her co-accused, who include former Durban city manager Sipho Nzuza, former exco member Mondli Mthembu, Robert Abbu, who was DSW deputy head, and Sandile Ngcobo, the former deputy head of supply chain management, among others, face several charges – including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act – related to a R300 million tender scandal.
Owing to the matter, Gumede was recalled from her position as mayor in 2019, and became a Member of the Provincial Legislature in August 2020. Last year she was elected as the ANC eThekwini region chairperson.
The trial resumed in the Durban High Court yesterday with the cross-examination of State witness and senior eThekwini Municipality official Shawn Hittler.
Advocate Jimmy Howse, who is acting for Ngcobo, questioned Hittler about the process followed to appoint an external forensics company to investigate the allegations in the matter.
The witness said he could not comment on the processes.
The defence counsel also argued that the witness had failed to follow the proper procedure when he did not properly file all the evidence that came with the complaint.
In earlier evidence, the court heard that documents from an anonymous whistle-blower regarding the allegations had been sent to the City Integrity and Investigations Unit.
Howse questioned why such evidence had not been preserved, to which the witness stated that a decision had been taken to discard it. The witness later conceded that he had not complied with procedure when he failed to make a copy of all the evidence.
During the lengthy questioning yesterday, Judge Sharmaine Balton had to interject to remind Hittler that he would have to answer questions, and not respond by saying it is the defence counsel’s opinion.
Hittler concluded his evidence before the third State witness Ibrahim Mohamed, a former senior clerk at the municipality, took the stand.
Some of Gumede’s staunch backers, including ANC eThekwini region member Ntando Khuzwayo, were also in attendance in court as a sign of their continued support for the former eThekwini mayor.
Some who were keen on attending the case but did not have proper accreditation were denied entry to the courtroom.
The trial continues today.