Zandile Gumede trial delayed as co-accused say they cannot pay legal fees

The trial against former eThekwini mayor Zandile Gumede and 21 others, charged with racketeering, fraud and corruption relating to R320m spent by the city on an “illegal” Durban Solid Waste (DSW) contract, is going nowhere fast.

While it was scheduled to proceed in the Durban high court on Monday, and run until the end of August, lawyers for Sandile Ngcobo, deputy head of supply chain management, Bagcinele Cynthia Nzuza, the wife of suspended municipal manager Sipho Nzuza who is also an accused in the matter, and Zithulele Mhkize, whose company Uzuzinekele Trading allegedly scored from the illegal contract, all said their clients did not have enough money to pay legal fees.

On behalf of Nzuza, it was submitted she was trying to access funds but, if she could not, she would have to apply for Legal Aid.

Attorney Ivette Calitz, for Ngcobo, said while advocate Jimmy Howse had previously been briefed in the matter, “we have not been placed in funds”.

She said because Ncgobo continued to work for the municipality, he did not qualify for Legal Aid.

Calitz said Ngcobo was awaiting a court ruling on a challenge to the restraint of his assets which was “due any day now”.

“If it is in his favour, he will have access to funds. If not, he will have to continue to find sources of income, or borrow money, because he cannot fund (this litigation) from  his salary,” she said.

Judge Sharmaine Balton suggested if Ngcobo could not afford Howse “he must look at other options”.

Mhkize did not appear in court.

His advocate, Willie Lombard, handed in a medical note indicating he had “influenza” and needed to isolate.

Beyond that, Lombard said he had only been briefed last week, he had not consulted properly and there were also issues regarding money.

Balton said the trial should begin during this court session.

“We cannot have this hanging in the air,” she said.

“This trial may take more than a year. The accused who are ready to proceed are being prejudiced and I have to consider the interests of justice.

“All the accused who have not sorted out their financial affairs must resolve this.”

She directed that all the legal representatives and state prosecutors attend a further pre-trial hearing on July 27 and that the trial begin on August 1.

However, even if the trial starts on that day, the accused are unlikely to plead to the charges.

It emerged on Monday that some of the accused, including Gumede, former ANC senior councillor Mondli Mthembu, deputy head of strategic and new developments Robert Abbu and the owners of another business entity which scored from the contract, intend to launch an “objection” to the indictment in an attempt to squash the racketeering charges.

This can only be done once the charges contained in the indictment are put to the accused, but before they plead to the charges.

Should Balton find in their favour, the state will have to amend the indictment.

In total, the indictment details 2,793 charges, including some alternatives, relating to the award and renewal of the contract for refuse collection and street cleaning and to tackle illegal dumping in townships in 2017.

The indictment alleges the accused worked together to “manipulate procurement processes” so 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 (Umkhonto we Sizwe Military Veterans Association) and Amadelangokubona (business forum) to benefit financially from the new DSW contract”.

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