Former eThekwini Mayor Zandile Gumede. Picture: Bongani Mbatha: African News Agency /ANA
IN A MOVE that could throw the ongoing corruption trial of former eThekwini mayor Zandile Gumede and others on its head, her legal team plans to introduce new evidence, including a “whistle-blowers report” questioning the appointment of the forensics investigators in the matter.
Gumede and her co-accused are on trial on fraud, money laundering, racketeering, conspiracy to commit corruption and other charges in relation to a R300 million Durban Solid Waste contract.
The company that investigated the tender irregularities is Integrity Forensic Solutions CC (IFS).
A key State witness made a return to the dock recently after a long absence due to medical reasons was cross-examined by advocate Griffiths Madonsela who is representing the former City manager of the municipality, Sipho Nzuza.
It was at this stage that advocate Jay Naidoo, counsel for Gumede, indicated that he wanted to submit the evidentiary documents and continue with his cross-examination of the witness, who cannot be named.
The Whistleblowers’ report dated May 2023, was directed to the former mayor of eThekwini Mxolisi Kaunda and other senior officials.
It relates to allegations that the City Integrity and Investigations Unit (CIIU), the municipality’s dedicated investigations unit, failed to notify the then City Manager (Nzuza) that IFS appointment was done irregularly, before the CM approved the tender awarding contracts to companies to provide forensic investigation services.
It further alleges that IFS received a favourable footing after a CIIU staff member met with a company representative at a private location around 2017.
Shortly thereafter, IFS was awarded forensic investigation work by CIIU’s management, without any contract advertisements or quotation requests made public.
When approached for comment regarding the Whistleblower report, the municipality’s spokesperson Gugu Sisilana, said they did not discuss internal investigations and their findings, if any, in the media.
The witness has already told the court that he bypassed Nzuza in the appointment of IFS because the CM was under investigation.
Madonsela said the witness acted outside of his authority bypassing the municipality’s standard protocols and awarded the tender without the necessary approvals from the municipal manager, legal unit, or council.
“This lack of due process further undermines the credibility of the investigation,” said Madonsela.
Sunday Tribune reported earlier this year that the City terminated its contract with IFS last year. The IFS has since challenged the decision with a judicial review application in the Durban High Court.
When contacted about the report, director of IFS Leo Saunders said he welcomed the defence’s application.
He said the allegations that his company was appointed irregularly were not true.
“While the documents that are sought to be introduced have no evidential bearing on the case, it is obvious that this is a feeble attempt to impugn the probative weight of the forensic report compiled by IFS which contains damning evidence against the accused in the matter,” he said.
Saunders said IFS was in possession of a detailed record of the supply chain management (SCM) processes that were followed in the appointment of IFS along with all other 16 firms appointed to the panel of forensic practitioners of the CIIU of eThekwini.
“These documents will show that among others, the two previous City Managers, one of whom is the co-accused of Gumede (Nzuza), the current City Manager, the CFO, the Treasury component, the various bid committees and the Compliance component of eThekwini all processed and approved the appointment of IFS and all other 16 firms,” explained Saunders.
Saunders said it was clear that the IFS was being targeted by the City that suffered a loss of more than R2 billion as a consequence of the racketeering, fraud and corruption at the DSW, water and sanitation components which his company exposed.
The trial will continue in February 2025.