THE two state witnesses who testified in the trial of former eThekwini mayor Zandile Gumede and 21 others have not implicated anyone.
The trial started in the Durban High Court on Monday, 26 February and is expected to end on 28 March.
Gumede and 21 others including the former city mananger, Sipho Nzuza face charges which include conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act. This is in relation to a R300 million DSW contract.
The state prosecutor, Bongiwe Mbambo introduced the state witness, who is a senior official at the municipality. The witness is from the Monitoring and Evaluation Unit.
The witness told the court that she was employed by the municipality in 2004 but got the senior position in 2007.
"The unit undertakes, monitors and evaluates all information of the municipality. We also undertake evaluation of information and keep them," she said.
She said there are two processes, and one is a compliance matter. "It's the municipality's systems act which states that no employee shall accept any gifts from anyone without disclosing information," she said.
The witness said the other regulation is the supply chain management policy which states that officials or other role players involved may not receive a reward, gifts or favour from anyone.
"Everything that the employee receives should be disclosed. An amount lower than R350 the employee can take but must disclose," she said.
She said the former city manager disclosed on 18 December 2018 that he received wine valued at R80 and a computer bag valued at R2 000.
"Robert Abbu disclosed that he got a USB speaker valued R100 on 5 December 2017," she said.
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But the witness didn't finish her testimony because there were documents that were needed. Judge Sharmaine Balton wasn't pleased with how the prosecution team doesn't always have all the needed documents in court.
The second witness, who is a senior administrator in the speaker's office, also took the stand.
She told the court that her duty is to take care of councillors' filling and gift registry. "In 2019 I was contacted and given a list of the disclosure forms," she said.
She read out a disclosure form for Gumede which was dated 15 August 2016. "The form only disclosed her residential property and there was no discrimination of it," she said.
After the witness was finished with the document, Gumede's lawyer Advocate Jay Naidoo mentioned that the form should have a Commissioner of Oath on it but didn't.
The witness confirmed what Naidoo raised. The witness also went through other accused forms such as Welcome Phewa, Sduduzo Khuzwayo and Mthokozisi Nojiyeza.
Balton adjourned the matter to Tuesday, 27 February.
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