The key witness in the fraud case against eThekwini's former mayor, Zandile Gumede, has finally concluded his testimony. On the left is her spokesperson, Siphelele Jiyane.
Image: Nomonde Zondi
A key State witness in the R320 million Durban Solid Waste (DSW) tender corruption trial involving former eThekwini mayor Zandile Gumede and 21 others finally concluded his testimony at the Durban High Court on Wednesday after spending nearly three years on the witness stand.
The witness, who cannot be named, was a member of management at eThekwini Municipality’s City Integrity and Investigations Unit (CIIU) and was the first witness called by the State when the trial commenced.
However, his cross-examination was repeatedly delayed over the years for various reasons, including his sickness.
In November 2025, Advocate Jimmy Howse SC was cross-examining the witness when proceedings were suddenly paused and all counsel retired to the Judge’s chambers and, after what appeared to be a lengthy meeting, the witness was instructed to return in 2026 to conclude his cross-examination.
When proceedings resumed on Wednesday, only Stephen May, who represents service provider Omphile Thabang Projects as well as Bongani and Khoboso Dlomo, cross-examined the witness.
During cross-examination, the witness conceded that he had received a report compiled by Integrity Forensic Solutions (IFS) and based on the recommendations of the report, he said it made sense that a criminal case be opened.
May asked whether he had studied the annexures attached to the report. The witness replied that he could neither confirm nor deny whether he had read them because the events occurred several years ago and he had left the municipality three years ago.
“However, I complied with the recommendation of the report,” he testified.
He further stated that it would not have been his responsibility to peruse all the annexures because that function fell within the mandate of the investigators who did the work.
Following the conclusion of May’s cross-examination, State-appointed advocate Reshma Athmaram informed the court that the prosecution would not be re-examining the witness.
Earlier in the trial, the witness testified that the CIIU first became aware of alleged irregularities relating to the DSW tender after an anonymous individual delivered a stack of documents and a letter containing allegations to the unit’s offices.
Based on the allegations, he authorised an investigation, which was subsequently outsourced to Integrity Forensic Solutions (IFS).
Furthermore, it is through this witness that the defence has challenged the appointment of IFS to investigate the DSW tender irregularities. The defence alleged that due processes were not followed when IFS was contracted to investigate.
The trial has also been marked by several interlocutory applications, including an application by the defence to compel the State to disclose a more recent report which allegedly found that IFS had been irregularly appointed.
However, the use of that report during cross-examination became contentious because its findings were being challenged by IFS and other State witnesses in separate legal proceedings.
Gumede and her co-accused face charges of fraud, corruption, money laundering, and contraventions of the Municipal Finance Management Act and the Municipal Systems Act in connection with the R320 million DSW tender.
The trial continues.