Judge brooks no nonsense

Zandile Gumede is painted as the linchpin of a cartel that scooped more than R320 million from the municipality’s coffers

AFTER three years of jumping through legal hoops, the Durban Solid Waste tender scam case, in which former Durban mayor Zandile Gumede is the alleged mastermind, will be back in court tomorrow.

However, the actual trial when witnesses take the stand was likely to happen in the new year, said Judge Sharmaine Balton during a pre-trial conference at the Durban High Court this week.

During the current session of court sittings, which ends on August 31, Judge Balton will try to put to bed all the preliminary processes, including the reading of the State’s indictment document, objections to charges, and pleadings.

More than 2 700 mainly fraud, corruption and racketeering charges are pinned to this matter, which has Gumede painted as the linchpin of a cartel that scooped more than R320 million from the municipality’s coffers.

The State claimed four chosen companies collectively received more than R320m for removing illegal dumping deposits from townships between December 2017 and July 2019.

Money was directed to high-ranking City officials, employees and their family members, councillors, and contractors, who then funnelled it to business forums and other entities.

Gumede, who is among the 22 accused, was arrested in May 2019.

Justice Balton expects her decision to block videos and photographs in court to be challenged by media houses, that argued the matter was of public interest.

She said she wouldn’t allow any “games” to prevent the trial from turning into a “circus” due to the various requests for adjournments, changes in legal teams and unpaid fees.

On Wednesday Judge Balton asked about the legal representatives’ readiness.

Advocate Jay Naidoo, who represents Gumede and five other accused, said: “I’m ready to proceed.”

Advocate Ivette Calitz, representing Sandile Ngcobo, the City’s deputy director of supply chain management, said her client lacked funds for a full counsel. Advocate Jimmy Howse was part of Ngcobo’s legal team.

Calitz said they were awaiting judgment in a matter regarding the seizing of Ngcobo’s assets by the National Prosecuting Authority’s Asset Forfeiture Unit.

She requested assistance for a portion of Ngcobo’s funds to be released.

“If a portion of the funds (R1.8m or even R1m) is released then we could proceed. It is ‘clean funds’, not linked to any allegations of crime,” she said.

Calitz said the money stemmed from a bond Ngcobo raised on his Kingsway property to buy a farm, but the deal fell through and the funds were in his bank account when the AFU swooped.

She said another option was to hire cheaper counsel, but it would set them back financially.

“I am ready but my client wants Mr Howse on board. Therefore, we require an adjournment,” Calitz said.

Justice Balton said further adjournments would prejudice the other defendants, who were ready.

Attorney Rick Ramouthar said he was representing Zithulele Mkhize and the company Uzuzinekele Trading 31CC.

He said his clients had external funds but the counsel he had engaged was not yet ready.

“Then engage someone else,” Judge Balton said. “We cannot adjourn this forever. Are we going to have this game all the time? I don’t want a circus going on. Your counsel needs to burn the midnight oil to be ready.”

The judge suggested the same to advocate Maphisa Mlambo, recently engaged to represent Bagcinile Cynthia Nzuza, the wife of former ethekwini city manager Sipho Nzuza, also an accused in the matter.

Justice Balton said Bagcinile Nzuza had chopped and changed her legal team already. “This is not going to be over-indulged,” said Judge Balton.

Attorney Carl van der Merwe, representing Bongani and Khoboso Dlomo and Omphile Thabang Projects, said he was ready for the session, but would be objecting to charges against his clients.

“Most of the charges relate to racketeering. We don’t have particulars from the State to prepare our case,” he said.

Judge Balton suggested he ask for particulars in writing.

Advocate Ashika Lucken, representing the State, said: “We are ready to proceed. I confirm the nature of the evidence the State intends to present is extremely voluminous and in excess of 300 000 pages of documents.”