By Kaveel Singh.
The corruption trial of the former mayor of eThekwini and ANC heavyweight, Zandile Gumede, got underway in the KwaZulu-Natal High Court in Durban on Monday.
Gumede and her 21 co-accused, including former City manager Sipho Nzuza and ANC councillor Mondli Mthembu, appeared stoic and emotionless as the State prosecutor, Hazel Siramen, gave details of their alleged crimes.
Outside court, there was a strong show of support, with a tent erected outside the court in which Gumede appeared.
In her opening statement, Siramen said the main accused, including Gumede, Mthembu, Nzuza, the deputy head of Durban Solid Waste (DSW), Robert Abbu, and the deputy head of supply chain management, Sandile Ngcobo, all worked in concert as the main role players in corruption and racketeering.
They were the main individuals who acted as primary persons in an enterprise that conspired to rig DSW contracts to favour their preferred contractors and sub-contractors, she said.
Siramen said the corrupt DSW contracts were classified as part of a “special project”, where Abbu, on instruction from Gumede and Mthembu, was appointed by Nzuza as head of the special projects.
Nzuza then appointed Ngcobo as the chairperson of the bid adjudication committee for the specific project to ensure the appointment of four preferred service providers.
Siramen said the contracts of 27 DSW service providers were due to expire in 2016 and 2017.
Abbu was responsible for the initiation of the supply chain management process to appoint service providers.
Despite requests from his colleagues at DSW, Abbu did not conclude the supply chain process for the new contract timeously.
In January and April 2017, DSW received an estimated 1 088 quotations in response to invites for quotations to appoint contractors for the new contract, with Abbu party to this invitation process.
The companies accused in the case – Omphile Thabang Projects, Ilanga LaMahlase Projects Pty Ltd, Uzuzinekele Trading 31 CC and El Shaddai Holdings Group – provided a “continuity of structure for the unlawful activities of the enterprise”, Siramen said.
Witnesses
Siramen also alluded to key witnesses, including the head of the City’s Integrity and Investigations Unit, Mbuso Ngcobo.
“He is the complainant in this matter. He will testify that his unit received an anonymous complaint relating to the DSW tender.”
Ngcobo would provide evidence on the background of the initiating of the forensic audit, the investigation, the circumstances surrounding the award of the DSW tender, and the appointment of a forensic audit and investigation firm, Integrity Forensic Solutions, to perform the work, Siramen said.
Another key witness would be Raymond Rampersad, the head of DSW when the corruption was taking place, Siramen said.
“He will further testify that accused four (Abbu) was responsible for the initiation of the SCM process to appoint service providers to commence the removal of refuse under the new contract since the old contract was due to expire.”
Siramen said Abbu, who was the deputy head of DSW under Rampersad, was appointed head of “special projects” by Nzuza, without his knowledge, and that he only found out about this appointment well after the appointment date.
There are also a number of councillors, who cannot be named for safety, who will testify about the alleged corruption instructed through Gumede, Siramen said.
The matter continues on Tuesday.