Media ordered not to reveal identities of witnesses in Zandile Gumede trial

The Durban High Court has ordered the media from recording and broadcasting audio and visuals of the court proceedings in the fraud and corruption trial of former eThekwini mayor, Zandile Gumede and 21 co-accused.

The former eThekwini former mayor and her co-accused – persons and companies – face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act in connection with an irregular Durban Solid Waste (DSW) tender amounting to over R300 million.

The trial began in August last year, when the state read the charges to the accused during pre-trial proceedings.

Gumede and her co-accused pleaded not guilty to the charges preferred against them. 

Gumede trial delayed

Last Monday, the trial was delayed after the home of a state witness was shot.

ALSO READ: Zandile Gumede’s corruption trial delayed after shooting at state witness’s home

Senior state prosecutor Ashika Lucken informed the Durban High Court that the witness’ home was targeted on Saturday evening. A bullet was recovered from the scene, but no one was wounded.

It was unclear who the witness is or if the shooting is related to the corruption trial.

On Monday, Judge Sharmaine Balton emphasised caution when covering the court proceedings due to possible threats against State witnesses.

“Kindly note that in light of shooting incident on 22 July 2023, the witness who was due to testify on 24 July 2023 and other witnesses in that chain of evidence are afraid to testify,” said Judge Balton.

ALSO READ: State vs Gumede: Attorney says investigation was unlawful and politically motivated

Following an agreement between the State and the legal representatives for the accused, the witnesses agreed to testify, provided:

• There are no televised recordings of the proceedings
• The media and television stations shall not identify the names and details of the witnesses
• Only accredited media personnel will be allowed into the court
• No cellular phones and recording devices will be allowed into court. Media personnel are advised to leave their cellular phones in their cars as they will be searched prior to entering the court to ensure compliance. Cellular phones will be removed if this order is not complied with.
• The current audio recording in court may continue but must not be shared electronically or aired on any radio or television channel until all the witnesses i that thread of evidence have testified

Only the accused and their representatives, accredited media personnel and court staff will be allowed into the courtroom, reads Judge Balton’s order.

“Should you wish to discuss any aspect hereof, you are requested to urgently notify my registrar and virtual meeting can be arranged this weekend to clarify any issues.”

Additional reporting by Thapelo Lekabe

Judge SR Balton