Zandile Gumede trial adjourned pending completion of risk assessment after witnesses 'too scared' to testify

KwaZulu-Natal police bosses are still doing a risk assessment to gauge what, if any, security measures need to be put in place ahead of municipal officials testifying in the racketeering trial of former Durban mayor Zandile Gumede and 21 others.

With the trial, which centres on a R320m waste removal contract, set to resume before Durban high court judge Sharmaine Balton on Wednesday, defence teams and the prosecutors spent more than an hour in chambers with the judge, discussing the way forward.

This after prosecutor Ashika Lucken informed the court on Monday that the witness who was due to testify that day — an administration officer in the Durban Solid Waste department — was too shaken to come to court, after a shot was fired through her bedroom window early on Saturday morning.

Lucken said since then, the investigating officer had been inundated with calls from other municipal officials who were set to testify this session, who were concerned for their safety.

She said a risk assessment was being conducted.

On Wednesday Lucken said the assessment was still under way.

“My investigating officer has gone as far as he can go. The DPCI [Directorate of Priority Crime Investigation] now has to do the necessary engagement with the heads of police in KZN regarding the measures which need to be put in place,” she informed the court.

It is believed that one measure being considered is to bar the media and public from the court while they testify, effectively putting the court “in camera”.

This application, however, would still have to be made by the prosecutors who would have to give sound reasons for this.

Lucken told the court that to get the trial moving, the state would reshuffle its strategy of leading evidence, and the trial would proceed on Monday, July 31.

She said she would inform the defence teams which witnesses were to be called before that.

The head of the City Integrity and Investigations Unit (CIIU), Mbuso Ngcobo, who was the first state witness to give evidence, during the March session of the trial, has yet to be called to complete his cross-examination.

He has subsequently resigned from his job, citing death threats.

Gumede is alleged to be the kingpin of the racketeering “enterprise”.

With her in the dock are former ANC senior councillor Mondli Mthembu, Ngcobo, Robert Abbu, city deputy head of strategic and new developments, former municipal manager Sipho Nzuza, his wife, Cynthia Nzuza, ANC councillors Mthokozisi Nojiyeza, Sduduzo Khuzwayo and Bhekokwakhe Phewa.

The other accused are Ilanga La Mahlase Pty Ltd, Uzuzinekele Trading, Omphile Thabang Projects, and El Shaddai Holdings Group and its representatives, who are accused of benefiting from the waste contract.

The state alleges Gumede and others manipulated the award of the contract to the four companies to promote radical economic transformation and to give kickbacks to a “patronage network” which included community based contractors, business forums and the MKVA, who were aligned to the RET faction in the ANC.

The trial has been set down until mid-August this session, and other dates have been reserved for later in the year.

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