Witness: Decision circular led to extensions in Zandile Gumede R320m waste tender

According to IOL, a former senior eThekwini official told the Durban High Court he signed a 2018 decision circular that extended the appointments of four companies in the R320 million Durban Solid Waste tender without seeking further clarity because the matter was straightforward.

What the witness told the court

The witness, who cannot be named, said the 2018 decision circular was one of several documents submitted for his signature by a senior manager responsible for legal advice in the City manager’s office.

“At my level and experience, the matter was clear. I did not seek any clarity.”

The witness was acting on behalf of former eThekwini City manager Sipho Nzuza when he signed the circular. He told the court the circular indicated the contracts were awarded under Section 36, which allows deviations from normal procurement procedures when it would be impractical to follow ordinary tender processes.

Companies and context

According to IOL, the four companies named in the testimony are Omphile Thabang Projects, Uzuzinekele Trading, Ilanga Lamahlase (Pty) Ltd, and El Shaddai Holdings. The companies were appointed in 2017 to provide waste collection services in eThekwini and their contracts were subsequently extended in 2018.

IOL reported that evidence before the court described a waste management crisis in the municipality and said service providers had to be appointed urgently because a conventional tender would have taken too long.

Why the witness did not probe further

The witness told the court he did not seek further clarity because the circular came from his superior’s office and had already been signed by the head of Supply Chain Management without concerns. He said another factor was that the senior legal adviser in the City manager’s office had not raised any issues.

“The document came from experts, people who are more qualified than I am on compliance,”

and he added that the senior legal adviser is a legal professional whose core function is to advise the City manager on matters of this nature.

Cross-examination and related state evidence

During cross-examination by Advocate Credo Mlaba, representing Nzuza, the witness agreed there had been no specific mention of the former City manager when the senior official communicated with him about signing the documents. The witness confirmed the official had asked him to sign a number of documents sent to his office and had not specifically requested that he sign that particular decision circular.

According to IOL, State-appointed advocate Reshma Athmaram told the court that the senior official referred to in the testimony is also a State witness whom the State has not been able to allocate.

Charges and next steps

IOL reports that the four companies are among those charged alongside Zandile Gumede and 17 others on charges including fraud, corruption and money laundering. The trial resumes in August, according to IOL.