Durban – The State and the defence clashed in the Durban High Court on Monday over how figures for the number of households to be serviced were established in a controversial R320 million Durban Solid Waste (DSW) tender.

The figures in question were contained in a closed 2017 tender advertisement that forms part of the high-profile corruption trial involving former eThekwini mayor Zandile Gumede and 21 co-accused. The accused face multiple charges, including fraud, racketeering, corruption, money laundering, and contraventions of the Municipal Finance Management Act and the Municipal Systems Act.

According to the State, the tender’s bid specification figures were provided by Allan Robert Abbu, who was at the time the Deputy Head for Cleansing and Solid Waste. However, the court has prohibited the media from naming certain State witnesses.

Abbu’s counsel, Advocate Jay Naidoo SC, rejected the State’s claim, arguing that a previous State witness (referred to as Witness X) testified that she had drafted the tender advertisement based on a document given to her by Abbu. This document allegedly contained the number of households that needed to be serviced under the tender.

Advocate Jimmy Howse SC, representing another accused, reminded the court that Witness X had testified that she was under intense pressure while drafting the advertisement. At the time, Abbu allegedly asked her to also prepare a report for the Bid Adjudication Committee (BAC).

Witness X told the court she made “a lot of errors” during the process because she was rushed and Abbu was standing behind her. Naidoo countered that the State had not proven that Abbu dictated the numbers while she was working, pointing out that Witness X had said he was in and out of her office rather than constantly present.

The defence did not dispute the existence of the document containing household figures provided by Abbu. However, the State’s current witness, Witness Y, testified that her role included confirming and estimating project budgets. She told the court that the number of households reflected in the BAC report prepared by Witness X was significantly inflated — with some figures doubled and others tripled.

The trial continues, with the court expected to hear further evidence about how the Durban Solid Waste tender figures were calculated and allegedly manipulated.