Zandile Gumede corruption trial begins

Fireworks are expected on Monday when the trial against former eThekwini mayor Zandile Gumede and 21 others, charged with racketeering, fraud and corruption relating to a R320m city waste contract, is expected to begin.

The trial has been plagued by delays — mainly because some of the accused did not have money to pay their lawyers. But with the defence teams all now on board and the matter finally set down for the reading out of the 400-page indictment before Durban high court judge Sharmaine Balton on Monday, the state has now indicated it believes two assessors should be appointed to sit with her.

In a letter dated August 17, lead prosecutor advocate Ashika Lucken said at a previous pretrial conference, the state had raised the issue of assessors but the judge had indicated they were not necessary and all had agreed.

“The state, after careful consideration, has reconsidered its stance. The state will respectfully apply to judge Balton to reconsider her decision,” the letter read.

Advocate Jay Naidoo, who represents Gumede, told TimesLIVE his client wanted the trial to get underway and he would oppose any delay.

“We just want them [the state] to start [the trial] and lead their witnesses,” he said.

Another source, who did not wish to be named, said the appointment of assessors was problematic — it would take time to find suitable people prepared to commit to what will be a lengthy trial, which could take years to complete, when they only earned R1,000 a day.

“It will also be a logistical nightmare. We are already trying to co-ordinate so many diaries, those of the state advocates, the defence teams, the judge and now we will have to factor in the availability of two assessors into that equation.”

He said most of the defence teams would oppose the state’s application.

Balton, who has a discretion as to whether she wants to sit with assessors, is expected to give guidance on the way forward on this issue. If she rules against the state, the trial can proceed with the reading of the indictment which is expected to take the best part of the week.

The accused could plead early next week. The trial would then be adjourned until March next year.

In the indictment, Gumede, as accused No 1, is alleged to be the “head” of the alleged corrupt enterprise, as defined in the Prevention of Organised Crime Act which sets what constitutes an offence under its racketeering provisions.

Gumede is alleged to have benefited from the “illegal” award of the Durban Solid Waste (DSW) contract through payments of about R2.8m directly and indirectly from some of the contractors.

She is accused of committing the crimes to “firmly establish” her position as mayor and increase her standing in the political arena, especially in the radical economic transformation (RET) camp of the ANC.

In total, the indictment details 2,793 charges (including some alternatives) relating to the award and renewal of the contract for refuse collection, street cleaning and to tackle illegal dumping in townships in 2017.

The indictment alleges that the accused worked together to “manipulate procurement processes” so that contracts were awarded to specific suppliers.

This enabled “large numbers of ANC ward councillors, ward committee members, members of business forums and organisations like the MKMVA [Umkhonto we Sizwe Military Veterans Association] and Amadelangokubona (business forum) to benefit financially from the new DSW contract, thus increasing the possibility of being favourably regarded in the political arena”.

The accused include:

• former ANC senior councillor Mondli Mthembu;
• Sandile Ngcobo, deputy head of supply management;
• Robert Abbu, city deputy head of strategic and new developments;
• suspended municipal manager Sipho Nzuza and his wife, Bagcinele Cynthia Nzuza; and
• three ANC councillors: Mthokozisi Nojiyeza, Sdudozo Khuzwayo and Bhekokwakhe Phewa.

The companies which benefited from the contract (and their representatives) are:

• Ilanga La Mahlase Pty Ltd;
• Uzuzinekele Trading;
• Omphile Thabang Projects; and
• El Shaddai Holdings Group CC.

TimesLIVE

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