A key State witness in the R320 million Durban Solid Waste (DSW) tender fraud case wants to introduce new documents for his cross-examination by the defence.

This resulted in a postponement of the case involving former eThekwini municipality mayor Zandile Gumede and 21 others by the Durban High Court on Tuesday morning.

The witness, who cannot be named, arrived with two boxes full of documents that he intends to direct the defence to when it cross-examines him. 

The witness left his job in eThekwini two years ago, citing death threats. 

The ex-municipality staffer was part of the management at the City Integrity and Investigations Unit (CIIU).

The witness had given his evidence-in-chief on the stand about two years ago. However, after contracting an illness, the defence could not finalise its cross-examination.

In October 2024, the witness made a return to the dock for cross-examination, but it had to be paused as Gumede’s lawyer, advocate Jay Naidoo SC, indicated that he would like to reopen his cross-examination, which he had concluded about two years ago. 

Naidoo intends to cross-examine the witness regarding a recent report by Masama Consulting. Masama was hired by the city to investigate the appointment of the Integrity Forensic Solutions CC (IFS) after a whistle-blower’s report.

The Masama Report stated that the IFS was unlawfully appointed by the CIIU. This witness is said to be implicated in the alleged unlawful appointment of the IFS. 

The IFS is a forensic company that investigated the DSW tender irregularities, which led to Gumede and her co-accused being charged with corruption, fraud, money laundering, and manipulation of procurement processes related to the DSW tender. 

Earlier this year, the court ordered the State to make the Masama Report and other documents available to the defence.

On Tuesday morning, Naidoo was expected to proceed with his cross-examination. 

However, State prosecutor Reshma Athmaram informed the court that her colleagues, present in the virtual court where all witnesses testify, observed this particular witness arriving with two Metro file boxes.  

It is still unclear what the documents contain.

Athmaram informed the court that Tuesday would be dedicated to copying the documents brought by the witness. These copies would first be provided to Gumede’s legal team, and subsequently, to the remaining defence teams.

“We propose that the trial be adjourned to Thursday morning,” Athmaram said. 

Judge Sharmaine Balton stated that copies of the documents would be provided to all parties, a decision reached during discussions in her chambers. 

Advocate Jimmy Howse SC assured the accused that these copies would be made in the presence of the defence attorney, who was present at the virtual court, to ensure their peace of mind. 

Judge Balton subsequently postponed the case to Thursday morning.

nomonde.zondi@inl.co.za

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