New date for Zandile Gumede graft trial, but more delays predicted

The trial of former eThekwini mayor Zandile Gumede and 21 others is expected to start on August 22 with the reading of the indictment.

They are charged with racketeering, fraud and corruption related to a R320m Durban Solid Waste (DSW) contract. 

Depending on time, the accused may plead to the charges. If not, the case will resume in March.

The trial was set to begin in the Durban high court on July 18 and run until the end of August. However, it has been beset by a series of delays, mainly because some accused could not afford lawyers.

When the matter was last before judge Sharmaine Balton on August 1, it was hoped the trial would begin with the reading of the 400-page indictment. This was expected to take the best part of the week.

But attorney Carl van der Merwe, who was acting for Bongani Dlomo, Khoboso Dlomo and their company Omphile Thabang Projects, withdrew. The pair is accused of benefiting from the contract.

He said his clients could not afford their defence and he had advised them to apply for legal aid.

Balton adjourned the matter until Thursday for another pretrial conference to determine when the matter could proceed.

NPA regional spokesperson Natasha Ramkisson-Kara confirmed it would now begin on August 22 and that all the accused had legal representation.

But a legal source said there could still be delays and that two new lawyers were “being optimistic” in saying they would be ready then because of the complexity of the matter, and the volume of documentation they would be required to read to prepare.

Even if the indictment was read out, he said he doubted the accused would plead to the charges before March.

Media organisations, backed by Sanef, have applied to broadcast the trial live.

It is expected some of the accused, and possibly the state, might oppose this because of the impact on witnesses.

In the indictment, Gumede, as accused number one, is alleged to be “head” of the allegedly corrupt enterprise, as defined in the Prevention of Organised Crime Act, which sets out what constitutes an offence under its racketeering provisions. 

Gumede is alleged to have benefited from the “illegal” award of the contract through direct and indirect payments of about R2.8m from some of the contractors.

She is accused of committing the crimes to “firmly establish” herself as mayor and increase her political standing, especially in the ANC's radical economic transformation (RET) camp.

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.

It 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 such as the Umkhonto we Sizwe Military Veterans Association (MKMVA) and Amadelangokubona (business forum) to benefit financially from the new contract, thus increasing the possibility of being favourably regarded in the political arena”.

The accused include former ANC senior councillor Mondli Mthembu; Sandile Ngcobo, deputy head of supply management; Robert Abbu, city deputy head of strategic and new developments; suspended municipal manager Sipho Nzuzo and his wife Bagcinele Cynthia Nzuza; ANC councillors Mthokozisi Nojiyeza, Sduduzo Khuzwayo and Bhekokwakhe Phewa; and companies which benefited from the contract (and their representatives) — Ilanga La Mahlase, Uzuzinekele Trading, Omphile Thabang Projects and El Shaddai Holdings Group.

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