Zandile Gumede pleads not guilty as R320m corruption trial gets under way

The trial of  former eThekwini mayor Zandile Gumede and 21 others, charged with racketeering, fraud and corruption relating to a R320m city waste contract, finally got under way on Monday when the accused started pleading not guilty to racketeering charges.

Gumede and others are expected to plead not guilty as the individual charges are read out by state prosecutor Ashika Lucken.

It was initially thought that they would only plead after the 400-page indictment had been read in its totality, which could have taken several days. However, presiding judge Sharmaine Balton ruled that they must plead after each of the 2,793 charges were individually read out.

The trial, which was initially set down to begin on August 1,  has been plagued by delays — mainly because some of the accused did not have money to pay their lawyers.

There was concern that there would be a further delay on Monday because the state initiated a last-minute application that two assessors be appointed to sit with Balton. However, Balton — who has a discretion to decide whether she needs assessors — dismissed the application and ordered that the trial proceed.

Lucken began reading out the 400-page indictment — containing the allegations relating to the award and renewal of the contract for refuse collection, street cleaning and to tackle illegal dumping in townships in 2017 — at about midday on Monday.

The case has been set down until next Wednesday, after which it will be adjourned to March next year.

Gumede’s advocate Jay Naidoo told TimesLIVE on Monday morning that his client wanted the trial to get under way.

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

In court, he submitted that his client would also dispense with the reading of the indictment. But it was agreed that all the charges, except the preamble, would be read into the record.

Gumede did not accept a nomination for provincial treasurer at the ANC’s provincial conference this month, because she is abiding by the party’s “step aside” rule that requires members facing criminal charges not to hold public office.

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. 

TimesLIVE

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