Zandile Gumede fraud trial: State and defence clash over evidence

The defence and state were once again at loggerheads on Monday after the state attempted to lead evidence on a document that the defence said it does not have in the Zandile Gumede fraud and corruption trial.

Gumede and 21 others are on trial for conspiracy to commit corruption, fraud, money laundering, racketeering, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to a R300 million Durban Solid Waste tender. 

Last week the court ordered the state get its house in order as their documents were mixed up. 

Judge Sharmaine Balton said the state should, over the weekend, go over the documents they were going to lead evidence with to make sure that there were no duplications of some pages in documents.

On Friday the state led evidence regarding 2017 quotations of Ilanga La Mahlase PTY (LTD), one of the service providers who collected waste in Durban. 

Some pages on this quotation document were duplicated, the numbering was mixed up, and 2018 documents were in it, including documents from another service provider, Uzuzinekele Trading 31 CC. Both companies are charged in this matter. 

On Monday when the matter started, the state continued to lead evidence on 2017 quotations of Ilanga La Mahlase. 

The state witness, whom we cannot name as per court order, went through all the pages of the quotation documents, indicating which pages she originally received from Ilanga LaMahlase and she indicated a duplication in some pages and said one page is not in her records of what she had intentionally received in 2017. 

Judge Sharmaine Balton asked the witness, who is a contract administrator at the eThekwini municipality, what records she was referring to.

The witness said she was referring to her file that had copies of the quotations she made from the original quotation for Ilanga La Mahlase. 

“When I receive the quotation forms as per the norm and part of the procedure, I make copies,” the witness explained. 

She said she made copies of the originals and puts them in her cupboard in a file. Amongst the documents in that file are a Bid Adjudication Committee (BAC) report, letters of acceptance and budget adjustment report. 

The defence objected to this saying that they did not have the file that the witness is referring to. 

Prosecutor Reshma Athmaram said the file was retrieved over the weekend from the witness’s office and it was handed to the State on Monday. She said the State has the file and during the court proceedings the witness did not have a copy of her file. 

The witness is in another building where she is testifying virtually. A short adjournment was taken to try and resolve the issue however when the court proceedings started again, Balton said the state would have to resolve the issue and ensure that by the time cross-examination starts, the defence has everything. In the meantime, she said the State could continue to lead evidence. 

“I’m allowing it now so that we don't waste time,” Balton said.

Moreover, the witness said in 2018 an investigator from Integrity Forensic Solutions CC (IFS)  requested to make copies of the contents of the file. She said the investigator, who cannot be identified as he is a state witness, returned the file to her the same day. 

IFS was appointed by the City Integrity and Investigations Unit (CIIU) to investigate the tender irregularities in eThekwini municipality. CIIU is an investigations unit within the municipality. 

The trial continues. 

nomonde.zondi@inl.co.za