The Durban High Court on Tuesday learned that two alleged key decision makers in the R320 million Durban Solid Waste (DSW) tender fraud did not approve any additional money to be paid to service providers collecting waste in 2018.

The two alleged key decision makers are Sandile Ngcobo and Allan Robert Abbu. They are charged with former eThekwini mayor Zandile Gumede and 19 others. 

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

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

Evidence of previous witnesses states that R45 million was the initial amount set aside for this 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 on Tuesday, Ngcobo’s lawyer, Advocate Jimmy Howse SC, questioned the witness, who remains unnamed. The witness confirmed that Ngcobo was no longer the BAC chairperson between January and April 2018.

She said someone else was acting in the position. 

Howse asked: “I don’t know if you are aware. The total amount that is the subject 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 volume 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 under way. However, the process halted because Abbu did not authorise overtime for its completion.

However, during cross-examination last Friday, the witness agreed that there were individuals who worked overtime, but she was not aware of it. 

She has also agreed that there was not enough time to finish the evaluation process of the bids.

“I note from the tender document that there was no special qualification or experience needed in respect of this tender. Do you confirm that the tender document did not require any skills for the work?” asked Howse.

The witness replied no. “I think the bidders had to have tipper trucks.”

She further stated there were no other requirements, confirming that anyone, even without prior experience, could bid for waste collection tenders.

She concurred with Howse that such tenders often attract opportunistic bidders who submit unrealistically low quotes, making service provision unfeasible.

She concurred that caution is necessary when reviewing such bids, but also noted that one cannot mitigate the risk completely. 

The trial continues. 

nomonde.zondi@inl.co.za

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