The Durban High Court had to adjourn early on Wednesday in the corruption trial of 22 people, including former mayor of eThekwini municipality Zandile Gumede, as the State witness had a severe headache.
The matter, which concerns tender irregularities in a Durban Solid Waste (DSW) tender of R300 million, started as usual in the morning with advocate Jay Naidoo wrapping up his cross-examination. Naidoo is counsel for Gumede and others.
They are charged with racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act concerning the DSW tender.
As court proceedings continued, counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that she had been made aware that the witness was not feeling well.
The witness testified virtually in another building and the media is not allowed to reveal her identity.
Presiding officer Judge Sharmaine Balton explained to the witness that the court was in a difficult position as the matter would not proceed on Thursday as both the witness and Naidoo would not be available. She further said on Monday and Tuesday, advocate Griffiths Madonsela SC would not be available.
It was agreed that Madonsela was going to start his cross-examination and Naidoo would continue next week. This was as the witness, who is a contract administrator in the city, said she could manage to continue until the end of the day.
“I just got Panado. I’m willing to continue,” she said.
Balton told the witness that if she could not continue, the court would understand and if she felt worse, she must say. The witness said she would continue.
Madonsela had put it to the witness by referring her to numerous exhibits that spoke about the DSW unit seeking authority to invite quotations for waste removal services as an interim measure.
These exhibits provided reasons why the unit needed to invite quotations for refuse collection. One of them was that the evaluation process for new tender contracts had not been completed.
In December 2017, the unit also said it would not be able to finish the screening of those who were bidding to get refuse collection tenders as most committees had closed for the festive season.
The witness agreed with Madonsela on this.
“Do you recall what was happening in 2017 around the City of Durban about refuse collection?” Madonsela asked.
The witness asked Madonsela to remind her.
He said there was a strike at DSW and rubbish was piling up on the streets. The witness said she could not recall but strikes at DSW were common.
A long adjournment, a one-hour lunch break, was taken and Madonsela was set to continue. However, a few minutes into the lunch break, everyone was called back into court in a hurry.
Balton said the matter would be postponed to next week Monday as the witness had got worse. Moreover, Balton asked Naidoo and the State to file their heads of argument on Monday so that the application by Naidoo to have documents admitted in court over the ‘unlawful’ appointment of Integrity Forensic Solutions CC (IFS) be heard next week.
IFS investigated this matter having been appointed by the City Integrity and Investigations Unit (CIIU) of eThekwini.
“Heads of argument were supposed to be filed on Monday (this week). I do need them,” Balton said.