Money woes in the fraud and corruption case of former mayor of eThekwini Zandile Gumede have led to three of the 21 accused cash strapped after failing to afford the legal fees of top Durban counsel, advocate Paul Jorgensen.
The accused are charged with conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, and contravention of the Municipal Finance Management Act, and of the Municipal Systems Act, in relation to a R300 million Durban Solid Waste company that had bagged the contract.
The Durban High Court on Monday advised Hlenga Sibisi the 10th accused, Mzwandile Dludla, who is accused 11 and accused number 12, ILanga la Mahlase PTY (LTD), to look for a new legal representative before the end of this trial session.
The trio were represented by Jorgensen who will continue with his services until March 28, which will be the end of the current trial session.
When the matter resumes in May, the three accused will be represented by a new lawyer.
Presiding Judge Sharmaine Balton advised that the trio get new legal representation now so that there were no delays when the next session starts in May.
Moreover, the trio had wanted to be represented by advocate Jay Naidoo.
Naidoo told the court that the attorney who instructed Jorgensen approached him to take over from him.
However, the state prosecutor advocate Reshma Athmaram said if Naidoo took over Jorgensen’s clients there would be a conflict of interest as the trial continues.
Naidoo is currently counsel for fellow accused, Gumede, Mondli Michael Mthembu, and Allan Robert Abbu.
“The way I understand conflict of interest, the counsel approached would make that finding whether there would be a conflict of interest. If I see that there isn't, I'm obliged to accept. I don't see any conflict of interest,” said Naidoo.
However, Balton who reminded the court that it was her court, said she would make the ruling and disagreed with Naidoo.
“This was discussed in the Chambers...Conflict of interest does arise in this matter. I’m not satisfied that it would be proper for Naidoo to represent Jorgensen’s clients. I’m of the view that there would be a conflict of interest and that would put the accused in prejudice and Naidoo would have to withdraw from this case, which would put a halt on this trial,” she explained.
The court also revealed that the application that Naidoo was supposed to file on the ‘unlawful’ appointment of Integrity Forensic Solutions (IFS), a company that investigated DWS tender irregularities did not take place.
Naidoo seeks to have documents including a whistle blower’s report that says the appointment of IFS was unlawful.
State Advocate Viwe Notshe SC said the State had received Naidoo’s application and would respond on Thursday while a hearing of the said application could be heard on Friday.
However, Balton said she would also need to read all the documents and a date for the hearing would then be set.
The application did not take place because Mthembu was still hospitalised.
Last week the matter was postponed after the court learned that Mthembu had suffered a seizure and was hospitalised.
Naidoo said Mthembu’s doctor had advised that Mthembu was responding well to treatment.
He asked for the matter to be adjourned to Wednesday.
A concerned Balton asked if Mthembu would be in a position to be in court by then.
“I’m avoiding another day being wasted and everybody having to pay fees for counsel to come to court,” she added.