A State witness in the R320 million Durban Solid Waste (DSW) tender fraud case has been accused of misleading the Durban High Court by claiming that the Hawks requested assistance from a forensic company, when it was allegedly the witness who made the request.

Zandile Gumede, the former mayor of eThekwini, and her 21 co-accused are charged with fraud and corruption related to this case. 

The State witness, a former member of eThekwini’s City Integrity and Investigations Unit (CIIU) management, denies suggesting or mandating Integrity Forensic Solutions CC (IFS) to assist the State in preparing this matter for litigation and concluding any subsequent legal processes.

The Integrated Forensic Services (IFS) was contracted by the City Integrity and Investigations Unit (CIIU) to probe irregularities in the R320 million Durban Solid Waste (DSW) tender. This investigation led to arrests and involved state entities such as the South African Police Service (SAPS) and the National Prosecuting Authority (NPA).

The witness has also denied signing a letter that initiated this agreement between the IFS, the eThekwini municipality, and the police. 

“The person who signed misrepresented me,” the former municipality staffer said.

He said the signature in that letter is not his. 

During cross-examination by advocate Jimmy Howse SC on Tuesday, the witness, who cannot be named, confirmed that he visited the Durban Central police station on December 13, 2018, to file a fraud case after receiving the IFS investigation report.. 

He concurred with Howse that in his statement, which led to the registration of the docket for this matter, he indicated that the IFS had been mandated to assist the NPA and SAPS.

However, he emphasised that when he went to open the case, the IFS had not been mandated, adding that the suggestion for the IFS to assist the NPA and the police came from a Directorate for Priority Crime Investigation (Hawks) general. 

“It was mentioned in a meeting with the general of the Hawks that IFS would need to assist. The general said they needed forensic investigators as they did not have the capacity,” the witness explained. 

He said he agreed to the Hawks’ proposal, as they also said the money lost due to the fraud could be recovered.

When Howse asked him when this meeting was, the witness said the meeting was towards the end of December 2018. 

“I will not be sure of the date,” the witness stated. 

Additionally, the witness said he learned later in December that the matter was handed over to the Hawks. 

Howse also referred the witness to a statement that was prepared by IFS Director Leo Saunders. The statement was made on the same day that the witness went to open the case to the police. In that statement, Saunders stated that the CIIU has mandated his company to assist the NPA and the police regarding this case. 

Asked if he was aware that Saunders made a statement on this day, the witness said no. 

“You’ll agree with me that this contradicts the evidence you have given to the court,” Howse put the proposition to the witness. 

The witness said he understands that there is confusion with the dates.

However, maintained that the mandate given to the IFS arose from the meeting with a Hawks general. 

The trial continues.

 nomonde.zondi@inl.co.za

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