THE state witness in the trial of the former mayor Zandile Gumede and 21 others had to be reminded that he is a witness and should stop asking questions.
This after advocate Jay Naidoo, who is currently cross-examining the witness, said that his cross-examination is being cross-examined because the retired head of Durban Solid Waste (DSW) kept asking him questions as well.
Judge Sharmaine Balton had to intervene, and she asked the witness to stop asking questions.
"There is also no need for you to repeat what you have already said. And the witness does not get to ask questions, and you have been doing that," she said.
The former eThekwini municipality mayor, Zandile Gumede, and others, including the former city manager, Sipho Nzuza, appeared at the Durban High Court on Thursday, November 23.
Gumede and 21 of her co-accused are on charges that include conspiracy to commit 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 Durban Solid Waste (DSW).
The state witness had asked advocate Naidoo to bring proof that accused number four, Robert Abbu, was on leave and that the witness had signed for that leave.
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Advocate Naidoo then showed a letter of leave for accused four, Abbu. The witness said he could see the letter, but he wanted to see his signature on it.
"The letter states that Abbu took leave from 18 December 2017 until 12 January 2018. This letter confirms that Abbu was on leave," he said.
Advocate Naidoo then asked the witness if, in 2018, Abbu communicated anything to him regarding work, and the witness said Abbu never communicated anything to him regarding work.
Advocate Naidoo then brought up an email Abbu wrote to the witness on 19 February 2018.
"The email was to inform the witness that he is in hospital. The email advised the witness of his absence from work and what arrangements had been made for someone who would take over his work while he was away. He was reporting his illness," he said.
The witness then said he accepted the email. Advocate Naidoo also brought a leave application form, which he said was addressed to the head of DSW, the witness." In December 2018, Abbu needed to get approval of leave from you, and you approved it," he said.
The witness admitted that he approved the application.
Advocate Naidoo asked the witness how it was possible for him to authorize his leave if he was no longer reporting to him, and the witness refused to comment on that. However, the matter proceeds on Friday, 24 November.
