A now retired, senior official from the eThekwini municipality took the stand when the R320m racketeering and corruption trial of former mayor Zandile Gumede and 21 others resumed on Monday.
Mr “A” cannot be named after Durban high court judge Sharmaine Balton ruled on Friday that he, and other municipal officials who will testify in the coming weeks, cannot be identified in any way.
She also barred the public from attending the trial while they gave evidence and ordered that media representatives are not allowed to take their phones, laptops or other recording devices into court.
The “lockdown” was sparked by an incident on Saturday, July 24, in which a shot was fired through the bedroom window of a witness set to testify the following Monday.
This struck fear into witnesses.
Last week the trial stood down while a risk assessment was conducted.
Judge Balton said on Friday she had met with the prosecution and defence teams and all agreed that the new rules were the “best way forward” so that the next three weeks were not wasted.
At the start of Mr A’s evidence, defence counsel suggested that he be warned in terms of section 204 of the Criminal Procedure Act that he may incriminate himself.
While prosecutor Ashika Lucken said she did not think this was necessary — “he had his reasons for what he has done” — judge Balton said: “You don’t know what is going to happen during cross-examination.”
She then issued him with the warning.
Mr A’s evidence is likely to centre on the role of Robert Abbu, the former deputy director of strategic and new development in the department of cleansing and solid waste, in the alleged crimes.
He is accused number four in the matter.
The witness explained that the city did not have capacity to provide waste collection services in the townships and informal areas, and so these contracts were put out to tender.
He explained the lengthy process of awarding a tender and said it was one of the city’s “biggest challenges” and it could take anything from six months to more than a year.
In the solid waste department, the average was about eight months.
For this reason — because waste was considered an essential service — the department started the tender process at least a year before the expiry of any contract.
“The earlier the better,” he said.
He said Abbu had been appointed in the position in about 2003.
At that time the uni-city programme was under way, to merge all the outlying municipalities, such as Westville and Pinetown, with Durban.
He said Abbu was already a senior official in Durban and his knowledge had been an “immense help” in drawing up organigrams and job descriptions.
The two men, one sitting in the dock and the other now a state witness, chatted and nodded at each other during the trial.
Gumede is alleged to be the kingpin of the racketeering “enterprise”. With her in the dock are Abbu, former ANC senior councillor Mondli Mthembu, Sandile Ngcobo, the deputy head of supply chain management, former municipal manager Sipho Nzuza, his wife, Cynthia Nzuza, ANC councillors Mthokozisi Nojiyeza, Sduduzo Khuzwayo and Bhekokwakhe Phewa.
The other accused are Ilanga La Mahlase Pty Ltd, Uzuzinekele Trading, Omphile Thabang Projects, and El Shaddai Holdings Group and their representatives, who are accused of benefiting from the waste contract.
The state alleges that Gumede and others manipulated the award of the contract to the four companies to promote radical economic transformation and to give kickbacks to a “patronage network” that included community-based contractors (CBCs), business forums and the MKVA who were aligned to the RET faction in the ANC.
The trial has been set down until mid-August this session, and other dates have been reserved for later in the year.
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