Africa-Press – South-Africa. The process to appoint the forensic firm that conducted an investigation into former eThekwini mayor Zandile Gumede, and others accused of fraud, corruption and racketeering has again been questioned.
Gumede and her co-accused returned to the KwaZulu-Natal High Court in Durban on Monday, facing charges relating to the Durban Solid Waste tender which was valued at more than R300 million.
Together with a small group of supporters who filled the small court room, Gumede and her co-accused watched as defence lawyer Jimmy Howse grilled senior eThekwini City Investigation Integrity Unit (CIIU) investigator Shawn Hittler.
Howse focused on the bundle of documents which contained evidence linking Gumede and her co-accused to alleged wrongdoing.
The documents were sent to the CIIU anonymously, the court previously established, launching the investigation into Gumede and others.
Howse placed importance on the appointment of Integrity Forensic Solutions (IFS), the company Hittler and the CIIU appointed after receiving the evidence.
He accused Hittler of trying to use semantics to justify choosing IFS from a group of other firms that could have conducted the complex investigation.
Hittler said Howse misunderstood the rule, adding procedure dictated they could choose a suitable forensic firm from three bidders.
Howse disagreed with this.
“You did not comply [with the process to appoint the investigator].”
Howse and Judge Sharmaine Balton said Hittler had to simply answer questions when he began lengthy explanations.
Howse insisted Hittler was incorrect in his understanding of the selection of a forensic firm.
“You are seriously in contravention of these provisions to the extent where the appointment of IFS is irregular,” he asserted.
Howse asked Hittler to comment on the contravention, but he declined to do so.
Everyone must be on camera
Gumede herself was vocal prior to proceedings that witnesses must “not hide their faces”.
This after murmurings before court in the public gallery that some witnesses had asked that their faces not be televised.
She said it was unfair she was constantly put on television, but witnesses did not have to do the same.
“By the end of today, we will be toyi-toying, calling for cameras. Why now, suddenly after they have been on camera, do they want their faces to be protected,” said Gumede in a light-hearted tone prior to the trial commencing.
When proceedings began, Balton warned the accused if they did not have funds to pay lawyers, it was their responsibility to resolve the financial issue before coming to court.
In the previous sitting in March, she had to postpone the case due to lawyers withdrawing their services because of a lack of funds.
But Balton was not having any excuses to stall the case on Monday.
“You are going to proceed with the matter unless you have funds or not. The court will not adjourn for no funds. It is prejudicial to other accused.”
She said she also did not want to prejudice witnesses.
The State is alleging Gumede, former councillor Mondli Mthembu, former city manager Sipho Nzuza, deputy head of Durban Solid Waste Robert Abbu, and 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 Durban Solid Waste contracts valued at more than R320 million to favour their preferred contractors and sub-contractors, it said.
The case continues on Tuesday.
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