The trial of former eThekwini mayor Zandile Gumede and 21 others, charged with racketeering, fraud and corruption relating to a R320m city waste contract, will begin on Monday — but it’s unlikely that the accused will plead to the charges any time soon.
The trial was set down to begin in the Durban high court on July 18, and had been set to run until the end of August.
But when the accused appeared on that day, lawyers for Sandile Ngcobo, deputy head of supply chain management, Bagcinele Cynthia Nzuza (wife of suspended municipal manager Sipho Nzuza, who is also an accused in the matter) and Zithulele Mkhize, whose company Uzuzinekele Trading allegedly scored from the illegal contract — all said their clients did not have enough money to pay legal fees.
Presiding judge Sharmaine Balton directed that all the legal representatives attend a pretrial conference on Wednesday, to discuss the way forward.
She adjourned the case until August 1.
A legal source told TimesLIVE Premium that it had been agreed at the conference that the trial would begin on Monday.
All legal representatives had indicated that the financial issues were sorted out — but some said they had not had enough time to prepare for the trial, which would involve scouring some 200,000 pages of documents.
The source said, however, that it was agreed that the trial could begin with the reading of the indictment into the record.
At almost 400 pages — and the fact that at least one of the accused wants it interpreted into isiZulu — that would take “the better part of the first week”.
Lawyers for three of the accused, including Gumede, have already placed on record that they intend to lodge a challenge to the indictment and the racketeering charges. This can be done only once the indictment has been read into the record — but before the accused enter their pleas.
There was consensus that the trial, proper, would not begin before the end of August. The judge asked us to identify dates for possible resumption early next year ... and even into 2024
— A legal source close to the trial
Balton will then have to make a ruling on this.
If it is in favour of the accused, the state will have to redraft the indictment. If it is against the accused, it is likely that decision will be taken on appeal.
The source said: “There was consensus that the trial, proper, would not begin before the end of August. The judge asked us to identify dates for possible resumption early next year ... and even into 2024.”
Gumede, as accused number one, is alleged to be the “head” of the alleged corrupt enterprise, as defined in the Prevention of Organised Crime Act which sets out what constitutes an offence under its racketeering provisions.
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 and Delangokubona (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, Robert Abbu, city deputy head of strategic and new developments, three ANC councillors Mthokozisi Nojiyeza, Sduduzo Khuzwayo and Bhekokwakhe Phewa, and the companies which benefited from the contract (and their representatives) Ilanga La Mahlase Pty Ltd, Uzuzinekele Trading, Omphile Thabang Projects, and El Shaddai Holdings Group CC.
Gumede is alleged to have benefited from the “illegal” award of the contract through payments of about R2.8m directly and indirectly from some of the contractors.
Gumede did not accept a nomination for provincial treasurer at the ANC’s provincial conference at the weekend because she is abiding by the party’s “step-aside” rule that requires members facing criminal charges not to hold public office.
However, the party, in its declarations at the end of its three-day conference, announced that it believed the rule should be scrapped and would pursue this.
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