THE former eThekwini mayor's advocate placed the state witness in a corner during cross-examination.
Advocate Jay Naidoo told the state witness, the retired head of DSW who is currently being cross examined in the fraud and corruption trial of the former mayor Zandile Gumede and others that he took part in racketeering because he continued with what was started.
The trial, held at the Durban High Court on Tuesday, 21 November, involves charges such as conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and contravention of the Municipal Systems Act in a contract worth more than R300 million related to DSW.
Advocate Naidoo said while four contractors had begun working, in March it was discovered that three months were still remaining but there was no money.
"Therefore, additional money was needed in order for work to continue until June 2018. So where did the money come from?" asked Naidoo.
The witness said he was not sure where the money came from.
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"In our unit we didn't have money. At that time, accused four Robert Abbu should have done something as he was the head of Special Projects. But three months down the line, I was told to answer to that," he said.
The witness further said he wrote a report and said he appealed for money as there was a shortfall.
Naidoo further questioned the witness about authorising payments for contractors without knowing the source of funds.
And the witness said he did authorize but he had to explain that he was signing on behalf of Abbu. The witness said as the head, his responsibility was to report his dissatisfaction that the head of Special Projects was doing nothing to address the problem.
Advocate Naidoo said:" Then you are responsible for the expenditure. Did you write to Abbu and tell him that there is a mess?"
The witness said each time he tried to speak to Abbu, he would tell him to talk to the city hall. And that he gets instructions from the city hall.
The defense argued that the witness, by authorizing payments, was implicated in racketeering. The witness countered that he wished to halt the contract due to financial constraints but considered the potential social instability resulting from protests and the burning of municipal trucks.
The trial revealed complexities in roles and responsibilities, with Abbu being the Deputy Head of DSW, overseeing procurement processes for the contract. The prosecution alleged that Abbu violated regulations to favor entities linked to the accused. The trial is set to continue on Wednesday, 22 November.
