Former eThekwini mayor Zandile Gumede's corruption case to resume on August.
Image: Nomonde Zondi
A former senior official from the eThekwini municipality, known as a ‘loyalist’ to former mayor Zandile Gumede, told the Durban High Court on Wednesday that he signed a decision circular extending the appointments of four companies awarded the R320 million Durban Solid Waste (DSW) tender without seeking further clarity because everything was straightforward.
The witness, who cannot be named, testified that the 2018 decision circular was one of several documents submitted for his signature by a senior manager responsible for legal advice in the City manager's office.
“At my level and experience, the matter was clear. I did not seek any clarity,” the witness told the court.
At the time, the witness was acting on behalf of former eThekwini City manager Sipho Nzuza.
The four companies — Omphile Thabang Projects, Uzuzinekele Trading, Ilanga Lamahlase (Pty) Ltd, and El Shaddai Holdings — were appointed in 2017 to provide waste collection services in eThekwini. Their contracts were subsequently extended in 2018.
Evidence before the court is that the municipality was facing a waste management crisis and that service providers had to be appointed urgently because a conventional tender process would have taken too long to complete.
The four companies are among those charged alongside Gumede and 17 others on charges including fraud, corruption, and money laundering.
The witness testified that had the decision circular originated from another department, he may have sought further information. However, he did not do so because it came from the office of his superior and had already been signed by the head of Supply Chain Management without any concerns being raised.
Former eThekwini City Manager Sipho Nzuza who is charged alongside Zandile Gumede for corruption in relation to a Durban Solid Waste tender.
Image: Nomonde Zondi
“The document came from experts, people who are more qualified than I am on compliance,” he said.
He further explained that the circular indicated the contracts were awarded in terms of Section 36, which permits deviations from normal procurement processes where it would be impractical to follow ordinary tender procedures.
The witness said another factor influencing his decision to sign was that the senior legal adviser in the City manager’s office had not raised any concerns regarding the document.
“She is a legal professional and has a full understanding of SCM (Supply Chain Management) processes. Her core function is to look into matters of this nature and advise the City manager,” he testified.
He further stated that he signed the circular because Nzuza had already considered the matter and approved the appointment of the four companies.
During cross-examination by Advocate Credo Mlaba, representing Nzuza, the witness agreed that there had been no specific mention of the former City manager when the senior official communicated with him about signing the documents.
“From the WhatsApp message she sent, it is clear that it was not only this document that you had to sign?” Mlaba asked.
“Yes,” the witness replied.
The witness further conceded that the official had not specifically requested that he sign the decision circular, but had asked him to sign a number of documents that had been sent to his office.
At this stage, State-appointed advocate Reshma Athmaram informed the court that the senior official referred to in the testimony is also a State witness whom the State has not been able to allocate.
The trial resumes in August.