The Durban High Court heard yesterday that two alleged key orchestrators in the R320 million Durban Solid Waste (DSW) tender fraud did not approve any additional money to be paid to service providers who were collecting waste in 2018.

The decision makers in question were Sandile Ngcobo and Allan Robert Abbu. They were charged with former eThekwini mayor Zandile Gumede and 19 others.

The State alleged that Abbu, Ngcobo, and other municipal officials implicated in the matter manipulated the procurement process from 2016 to 2019 to ensure contracts were awarded to four service providers, who were also charged in the matter.

Ngcobo was the chairperson of the Bid Adjudication Committee (BAC) and deputy head of Supply Chain Management (SCM). Abbu was the deputy head of the DSW unit and the project manager of the 2017 tender.

The evidence of previous witnesses indicated that R45 million was the initial amount set aside for the tender; however, two months into the project, there were issues of insufficient funds. The contractors started collecting waste from January 1, 2018, and the DSW unit had to seek additional funding around March 2018.

During cross-examination, Ngcobo’s lawyer, Advocate Jimmy Howse SC, questioned the witness, whose name is not to be divulged, as per the court’s instruction.

The witness confirmed that Ngcobo was no longer the BAC chairperson between January and April 2018. The witness said someone else was acting in the position.

Howse asked: “I don’t know if you are aware. The total amount at the centre of this case is R320 million. We have established through the timeline that I have taken you through that Ngcobo and Abbu were only involved in the initial R45 million as reflected on the tender award letter.” The witness said: “That’s correct.”

She further stated that two senior DSW managers, who are now State witnesses, approved the extended contracts for waste collection and additional funding sought by the unit. This occurred while Abbu was on leave.

In November 2017, a tender for waste collection was advertised. Due to the high number of bids received, the unit opted to approach experienced service providers for this tender in December 2017.

Previously, the witness testified that the evaluation of November bids was well underway. But the process halted because Abbu did not authorise overtime for its completion.

However, during cross-examination yesterday, the witness agreed that there were individuals who worked overtime, but she was not aware who they were. She has also agreed that there was not enough time to finish the evaluation process of the bids.

“Do you confirm that the tender document did not specify any special skills required for the work?” asked Howse. In response, the witness said that apart from having tipper trucks, there were no other special requirements.

The trial continues. 

nomonde.zondi@inl.co.za

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