Durban — The corruption and fraud trial of former eThekwini mayor Zandile Gumede and others resumed on Monday in the Durban High Court.
This after the case had been postponed last week due to one of the State witnesses being fearful after her house was shot at, leading to other witnesses who are municipal officials becoming fearful of going to court.
State prosecutor Ashika Lucken said a witness could not come to court to testify after a shooting incident at her home. It was alleged that a bullet might have struck her bedroom window. However, no one was harmed.
Before the trial resumed on Monday, Judge Sharmaine Balton informed the media not to film or record the court proceedings for the safety of the witnesses. Moreover, she emphasised that they must not be named.
In a letter, she outlined that witnesses in the upcoming thread of evidence agreed to testify provided that there were no televised recordings of the proceedings and that their names were not mentioned. She said that cellphones would be removed if the order was not complied with.
“Only accredited media personnel will be allowed into the court. No cellphones and recording devices will be allowed into court. Media personnel are advised to leave their cellphones in their cars as they will be searched prior to entering the court to ensure compliance,” said Judge Balton.
Furthermore, she said the court staff, the accused, their representatives and accredited media personnel would be allowed in court. The State then called its witness, who is a municipal official, and he explained why the municipality ended up using contractors to collect waste.
He said it was agreed between the State and the legal representatives of the accused in order for the case to not face any delays.
“The contracts started in 2002,” he said.
Furthermore, he explained the processes for the contractors to get the job. However, during the testimony of the witnesses it was hard to listen to the evidence being led in court as everyone who was speaking spoke softly and inaudibly. Some accused were even sleeping.
Judge Balton interjected and asked if the gallery could even hear the translation, and the answer was no. However, things did not change. Gumede said she was happy that the case had resumed and would continue.
Gumede, together with former city manager Sipho Nzuza and 21 others, faces myriad charges – including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and of the Municipal Systems Act – amounting to more than R300 million in relation to a Durban Solid Waste (DSW) contract.
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