Africa-Press – South-Africa. Durban – After frantically trying to score a postponement of another four long months in the corruption case of Zandile Gumede and her co-accused , the State won – but it was warned that the matter could be struck off the roll.
The matter was heard by the Durban Commercial Crimes Court and magistrate Dawn Somaroo presided over it.
In the case, Gumede and her co-accused, including suspended eThekwini city manager Sipho Nzuza, and his wife, Bagcinele, and senior ANC councillor Mondli Mthembu, face charges linked to a R430 million waste tender the eThekwini municipality issued in 2017 while Gumede was mayor.
The State alleges the tender was rigged, Gumede had a hand in it and allegedly pocketed undue financial benefits.
On Thursday, State prosecutor Ashiken Lucken told the court that while their 741-page forensic report has been concluded, they still need more time to tie up some loose ends.
Among the loose ends she mentioned was that she needed to first read the report before making a decision about it. She also requested time to get 245 arch lever files, containing exhibits to be used when the case gets to the trial stage, to be scanned.
Somaroo and defence lawyers of the 18 accused wanted none of it. Instead, they said they wanted to have the forensic report in an electronic format.
One of the most vocal defence lawyers was Jay Naidoo, who is representing Gumede, who said any delay is “prejudicial” to his client, whose political career is tainted by the case.
Also joining the fray was advocate Griffiths Madonsela, who was representing suspended eThekwini city manager Sipho Nzuza. Madonsela said the State should have been ready in September.
At some point, State prosecutor Lucken grudgingly conceded, as claimed by one defence lawyer, that the State may have prematurely charged the accused.
Just before 1pm, Lucken asked for time to find out from the company sitting with the forensic audit of how soon it can make it available to all the defence lawyers. That was after the magistrate insisted that the report should be given to them in order to make some progress on the matter.
After the adjournment, Lucken said the company told her the report could only be handed to them upon a written request by the Hawks, who authorised them to compile it.
In a compromise ruling, the magistrate then agreed to postpone the matter to March 23, 2021.
However, she attached conditions as she insisted that there should be “consequences” for the State if they fail to comply with the next hearing date.
Among the conditions was that on the next hearing, the State must hand over the forensic report and all related information to the lawyers of the accused.
Furthermore, she said should the State fail to do that, there would be an inquiry to get answers and one of the possible scenarios would be to strike the matter off the roll.
Political Bureau
