Zandile Gumede corruption case delayed again, as media fights for access to court

The Durban High Court has postponed the R320 million fraud and corruption case involving former eThekwini mayor Zandile Gumede and her 21 co-accused once again.

This as the South African National Editors’ Forum (Sanef) successfully challenged a ban that prevented the media from filming and taking photographs of court proceedings.

Gumede and her co-accused on Monday appeared in court for pre-trial proceedings, after Judge Sharmaine Balton had adjourned the matter in July to allow some of the accused to secure funding for their legal representation.

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However, the pre-trial conference had to be postponed further, this time to 11 August 2022. This was for two of the accused to finalise issues around their legal representation.

Durban Solid Waste tender

Gumede and her co-accused face several charges including conspiracy to commit corruption, corruption, fraud, money laundering and contravention of the Municipal Finance Management Act linked to an irregular Durban Solid Waste (DSW) tender amounting to more than R300 million.

The State alleges that eThekwini officials circumvented the supply chain management processes on the DSW tender for the benefit of an identified service provider.

Gumede and her co-accused, including persons and companies, have denied the allegations against them.

Sanef application

During Monday’s court proceedings, it emerged that judge Balton had issued a letter barring the media from filming and taking photographs of proceedings inside court.

The letter was issued before the media could file formal applications for photo and video rights.

Sanef lodged an urgent court application in the high court challenging the blanket media coverage ban. The organisation argued that the judge’s decision was unconstitutional and against the principle of open justice, and media freedom.

Sanef further raised questions on the legal standing of the letter and why the media was not given an opportunity to apply for recording privileges, before the presiding judge issued the letter.

With Sanef now successful in its application, the media was given until Friday, 5 August to apply for permission to film and take photographs of court proceedings.

NPA regional spokesperson Natasha Ramkisson-Kara said any opposing party would have until 12 August to make submissions. 17 August was reserved for Sanef to reply to those oppositions.

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