An expected urgent court hearing brought by media organisations for the variation of an order preventing live coverage of the Zandile Gumede trial and forbidding journalists from having cellphones in court was not heard on Monday.
While the application had been lodged and the lawyers representing e.tv, SABC and others were in court, presiding judge Sharmaine Balton did not agree to hear the matter.
She apparently indicated, in a meeting in chambers, that she might hear the application later this week.
But it was clear from proceedings on Monday that she would, in the meantime, strictly enforce the “no cellphone”, no broadcast rule, reminding legal representatives for the 22 accused that they must keep their phones off.
She also directed that a television camera in the courtroom be removed, though it was not on.
When the trial was last in court in July, Balton effectively put the court in “lockdown” — even barring members of the public from attending — after she was informed of an incident on Saturday July 24 in which a shot was fired through the bedroom window of a witness set to testify the following Monday.
Prosecutor Ashika Lucken said that witnesses, municipal officials, were scared to testify and the judge ruled that this “thread of witnesses” must not be identified and their evidence must not be televised.
The first witness, Mr A, was a senior official in the municipality. His evidence was cut short because he fell ill and could not attend court.
However, he was back in court on Monday and was expected to continue testifying that afternoon after delays, due to the fact that one of the accused, Cynthia Nzuzo, the wife of former municipal manager, Sipho Nzuza, had terminated the services of her attorney.
This was because of financial issues and “loss of trust”, Nzuzo said.
She said she had applied for legal aid, but this application would only be finalised in about four weeks. In the meantime, she said, she would represent herself.
The trial has been set down for another two weeks, and dates have been arranged for the rest of the year and early next year.
Arrangements were also made for another accused to monitor proceedings from her bed because she is ill.
The trial has been set down for another two weeks, and dates have been arranged for the rest of the year and early next year.
Gumede, the former eThekwini mayor, is alleged to be the kingpin of the racketeering “enterprise” in a corrupt R320m Durban Solid Waste tender.
With her in the dock are:
- Robert Abbu, the former deputy director of strategic and new development in the department of cleansing and solid waste;
- former ANC senior councillor Mondli Mthembu;
- Sandile Ngcobo, the deputy head of supply chain management;
- former municipal manager Sipho Nzuza;
- his wife Cynthia Nzuza; and
- 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 their 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 (CBCs), business forums and the MKVA, who were aligned to the RET faction in the ANC.
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