Former eThekwini mayor Zandile Gumede.
Image: Doctor Ngcobo / Independent Newspapers
A State witness has admitted to the Durban High Court that the former city manager of eThekwini Municipality, Sipho Nzuza, followed all the supply chain management policies in extending the Durban Solid Waste (DSW) tender contracts.
Nzuza and 21 others, including the former mayor of the city, Zandile Gumede, are on trial for fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act concerning a R300 million DSW contract.
In cross-examination on Wednesday, counsel for Nzuza, advocate Griffiths Madonsela SC, told the witness that a section in the supply chain management (SCM) policy gave Nzuza the authority to deviate from the normal tender processes if there were exceptional circumstances, including where it was impractical to follow ordinary tender processes.
The witness agreed with Madonsela, however, he said as much as Nzuza had the authority, it had to be recommended by the bid adjudication committee (BAC).
Moreover, Madonsela reminded the witness that the DSW unit had written a report to the BAC, stating that it did not have time to deal with the new tender applications as it was around the festive season.
The contracts of four companies that were collecting waste were about to expire in December 2017, so the unit advertised for companies to bid to collect waste around the city, he added.
The four companies are ILanga la Mahlase PTY (LTD), Uzuzinekele Trading 31 cc, Omphile Thabang Projects, and El Shaddai Holdings Group cc, and they are also charged in this matter.
The unit had received 1 500 applications, and in that report, it stated that there was not enough time to screen all these applications. As a result, it recommended that the four service providers, who were experienced, continue to collect waste until March 2018.
“The unit also stated that this was an emergency and there was going to be a health hazard,” he said.
Madonsela referred the witness to the transcripts of the meeting where the BAC approved the four service providers to continue with waste collection. In that meeting on December 19, 2017, senior officials of the city, who we cannot name, said they would need three months to screen the 1 500 applications and the BAC suggested that they take six months.
According to the State, Nzuza contravened the statutory provisions, regulations, policies, and prescripts that govern the functions and duties of the city manager of municipalities so that he could align his actions to the objectives of Gumede and Mondli Mthembu, the second accused.
The State alleges that Nzuza used the authority of his office by acting in concert with Allan Robert Abbu, accused four, and Sandile Ngcobo, the fifth accused, to authorise the administrative, financial, and supply chain management functions in respect of the DSW tender.
The trial continues.
nomonde.zondi@inl.co.za