The lawyer of one of the accused in the R300 million Durban Solid Waste (DSW) tender fraud trial involving former eThekwini mayor Zandile Gumede, told a State witness on Thursday that she is lying and misleading the Durban High Court.
The accused in the matter face numerous charges, including money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to the DSW tender.
Senior counsel advocate Jimmy Howse during cross-examination told the State witness, who cannot be named as per a court order, that witness X from the compliance unit told her (the current witness, Y) to bring documents for compliance checks after the Bid Adjudication Committee (BAC) meeting.
Howse is counsel for the fifth accused Sandile Ngcobo, a deputy head of supply chain management in the eThekwini municipality.
Witness Y told the court that she went to the compliance unit in December 2017 to seek a signature from the unit before the BAC meeting and that she was in a rush to get to this meeting. She said because this was an emergency, normal procedure was not followed. Witness X had also told the court that while he signed the documents, she added the condition that compliance checks were not done.
The DSW unit around this time wanted to invite experienced service providers to collect waste in Durban. This unit had said this was an emergency as they could not screen new bidders for refuse collection.
When Howse asked Witness Y if Witness X told her to bring necessary documents for compliance checks after the BAC, Y said: “The item was fully supported by the BAC. I had no role thereafter.”
Howse told witness Y that she was evading his question, and he asked for a clear answer. “The way you are putting the question is unfair,” witness Y replied.
Presiding officer Judge Sharmaine Balton stepped in and told the witness that the question was fair, she simplified it for the witness and asked her to answer. “I don’t remember that conversation with Witness X,” Y said.
Howse asked her if this meant she could not answer yes or no. “In other words, he (X) did not say that?” Balton asked.
The witness said yes. Howse asked the witness if X gave false evidence to the court and Y said she could not comment on that.
“I want to argue before this court that you did not make sure that compliance is done,” Howse said.
Witness Y said she had no problem with this but Howse should also take into account the obligations of the BAC and Supply Chain Management policy, as well as circular 34 of the Municipal Financial Management Act.
She read out the obligations but Howse said this had nothing to do with Section 36, which allows DSW to deviate from normal procedures.
This witness also maintained that after the BAC meeting, it was not her responsibility to ensure that compliance checks were done. She said it was the responsibility of the BAC and its secretary.
The trial continues.