Despite State objections, the section of the controversial Masama report was successfully introduced by the defence during cross-examination in Zandile Gumede’s R320 million Durban Solid Waste (DSW) tender fraud case. 

The State had challenged its use, citing an ongoing civil matter in which the report’s findings — which allege the irregular appointment of Integrity Forensic Solutions CC (IFS), the forensic company that investigated Gumede and her 21 co-accused — are being disputed.

The State’s objection came despite a Durban High Court order earlier this year compelling them to provide the Masama report and its annexures to the defence.

During Wednesday’s cross-examination of a State witness, a former senior manager at the eThekwini City Integrity and Investigations Unit (CIIU), Advocate Jimmy Howse SC questioned the appointment of IFS. Howse represents the fifth accused, Sandile Ngcobo. 

The witness, who cannot be named, confirmed that IFS was initially appointed on March 26, 2018, to investigate DSW tender irregularities; their contract expired on March 26, 2020.

Howse further probed the appointment process, asking why three companies were not invited to bid for the tender as required. The witness, unable to clearly recall, stated that reasons were provided, including that the panel already knew the prices of other companies, rendering further quotations a “fruitless exercise”. 

Howse countered, stating: “It was not about the best price. The bidders had to provide project implementation plans.”

He then questioned why the witness approved IFS without other bidders providing implementation plans.

The witness maintained that his team had given him a reason. Howse put it to the witness that IFS’s appointment was irregular.

“My lady, I am not disputing the compliance aspect,” the witness said.

Furthermore, the witness agreed with Howse that IFS continued to render services for approximately seven months after their contract expired in March 2020.

 “The problem I want you to address is on what authority did they (IFS) continue?” Howse pressed the witness. 

“The difficulty is, I cannot recall being involved in this award. I agree that for them to continue working, there must be some kind of contract,” the witness explained.

Howse then presented the court with IFS appointment letters dated October 27, 2020, and September 2, 2021, along with a tripartite agreement between the municipality, Hawks, and IFS dated July 3, 2022.

Following the introduction of the July 2022 letter, State prosecutor Advocate Reshma Athmaram inquired about its source.

Howse clarified it was a standalone annexure of the Masama report.

A lengthy debate ensued, concluding with Judge Sharmaine Balton ruling that Masama annexures directly linked to the witness on the stand could be used.

“If the documents are authorised or signed by the witness or if it’s an email that the witness has been copied in, I will allow their introduction,” Judge Balton ordered. 

The trial will proceed in early November. 

nomonde.zondi@inl.co.za

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