When Zandile Gumede’s R320 million Durban Solid Waste (DSW) fraud case resumes on Monday, her lawyer is expected to continue with his line of questioning regarding a number of State witnesses being in contempt of court.

The court previously warned the State witnesses not to talk to each other and not to discuss the case with anyone outside of it. 

Advocate Jay Naidoo SC, representing Gumede, has questioned a State witness about a recent document submitted to the court with other witnesses against the eThekwini Municipality, which contains some information about the tender fraud matter. 

The witness, who was part of management at eThekwini’s City Integrity and Investigations Unit (CIIU), told the court on Thursday that he and other State witnesses in a separate matter are challenging the findings of the Masama Consulting report. 

The municipality appointed Masama to investigate the appointment of Integrity Forensic Solutions CC (IFS). IFS investigated the DSW tender irregularities, and this led to Gumede and her 21 co-accused being charged with fraud, corruption, racketeering, and money laundering.

In 2024, the Masama released a report that found that the appointment of IFS was unlawful. The witness said that they were challenging these findings with IFS, Next Technologies (Pty) Ltd, and two other State witnesses.

The defence in Gumede’s case had maintained that IFS was appointed unlawfully and said the entire investigation was a fruit of a poisonous tree. 

During his cross-examination with Naidoo SC, the witness said he was not sure if the other State witnesses that he had launched the application with had finished testifying in Gumede’s case or not. 

Naidoo questioned the witness about the court’s warning against discussing the DSW case outside of court and instructed that witnesses must not communicate with each other.

Naidoo asked the witness if he signed the main affidavit prepared by IFS Director Leo Saunders in their application.

 “Yes, I signed,” the witness replied. 

As Naidoo put it to the witness, the contents of Saunders’ affidavit in the application contain what is happening in the DSW matter.

State prosecutor Reshma Athmaram quickly stood up and objected before the witness could answer. 

“There are difficulties with accessing the application. All that the State has access to are the citations,” she explained. 

On Friday, Naidoo had been expected to continue with his line of questioning. However, the matter was adjourned due to the passing of Sandile Ngcobo’s grandmother.

Ngcobo is the fifth accused and was the deputy head of Supply Chain Management in eThekwini. 

Advocate Jimmy Howse SC told the court that his client was the head of the Ngcobo family.

“Funeral arrangements rely on him,” he said. 

“Unfortunately, this court cannot continue today. We will reconvene on Monday morning,” Judge Sharmaine Balton said, postponing the matter.

nomonde.zondi@inl.co.za

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