MUNICIPAL processes were not followed by the witnesses.
This is according to Ntando Khuzwayo, who is the spokesman for the former eThekwini municipality mayor Zandile Gumede.
The former eThekwini mayor and others appeared in the Durban High Court on Monday, 17 July in connection with the fraud and corruption matter.
The second state witness, Shawn Hittler, a senior manager at City Intergrity Investigation Unit (CIIU) continued with cross examination.
Defence lawyer Advocate Jimmy Howser crossed examined Hittler and said the case must be dismissed because processes in selecting a service provider that investigated the matter was not properly followed. He said they violated the process.
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Meanwhile, a third witness Ibrahim Mohamed who is a senior administration officer at the eThekwini Municipality, began his testimony.
Led by the state, Mohamed told the court that in 2012 and 2013 he was a senior clerk at the municipality.
He said his job was to prepare affidavits. Advocate Thokozani Madonsela stood up and said Sipho Nzuza was not employed as the city manager at that time. He revealed that Nzuza was employed as the city manager in 2017, he's not involved in anything Mohamed has to say about 2012.
Outside court, Gumede's spokesman Khuzwayo said they're grateful that trial is now continuing.
"This is what we wanted in the first place. Witnesses so far have proven that proper procedures were not followed when they selected the company to investigate the matter. We have always maintained that Gumede was never involved in this," he said.
However, the state alleges that eThekwini officials including the city manager and former mayor participated the supply chain management and the former mayor processes on a Durban Solid Waste (DSW) tender, to the benefit of identified service provider for more than R300 million in 2017.
These officials allegedly profited from the deviation, and they now face charges of conspiracy to commit corruption, fraud, money laundering, and contravention of the Municipality Finance Management Act, among others.
