Fraud and corruption case against Zandile Gumede adjourned to December

THE case of former eThekwini Mayor Zandile Gumede and her 16 co-accused has been adjourned to 10 December in anticipation of a 350 000 word audit report.

Gumede and co stand face fraud and corruption charges relating to an irregular 2017 Durban Solid Waste (DSW) tender costing in excess of R430 million.

They appeared inside a packed courtroom, while adhering to the Covid-19 regulations, at the Durban Specialised Commercial Crimes Court on Thursday.

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Unlike previously, Magistrate Dawn Somaroo allowed media representatives inside the courtroom.

There were also armed police guarding the inside and outside of the courtroom. In July, the state had requested a six-week adjournment to collect all necessary evidence against the accused.

On Thursday, state prosecutor Advocate Ashika Luken submitted to the court that they had collected all necessary evidence and were waiting for the Independent forensic auditors to produce a report.

The source documents collected regarding the DSW tender, include: 450 witness interviews and statements, 460 000 pages of bank statements and financial records that depict the flow of funds from the tender, 6500 pages of invoices, delivery notes, requisitions and contracts on 5250 pages and 250 gig of data obtained from search and seizure operations (Luken said this data has already been analysed and captured).

“We are satisfied with the evidence collected and we feel we can take the matter to the next stage of criminal proceedings and indictments,” said Luken.

“At this stage we are no longer looking for new information.”

Due to the voluminous nature of the evidence, Luken said the auditor would need three months to complete the report.

Luken said there was a preliminary report, prepared by the same auditor, that was done for the eThekwini Municipality regarding irregularities with the 2017 DSW tender.

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That report dealt with the fraud charges and the uncovering of procedural irregularities of the tender with recommendations for sanctions.

The preliminary report will also form part of the final audit report, said Lucken.

Advocate Jay Naidoo, who represents Gumede and two other accused, had submitted an application to court to have the matter struck off the roll.

Later, all other defense lawyers representing the various accused signed on to Naidoo’s application.

Magistrate Somaroo granted the adjournment and deferred the application to 10 December.

Somaroo said the state should indicate to the defense lawyers by 26 November whether the audit report will be ready by 10 December.

If the audit report is not ready by 10 December, said Somaroo, then the state would need to submit reasons explaining the delay and there would be an inquiry into the defense’s application for the case to be struck off the roll.

Hundreds of people wearing ANC regalia gathered outside court.

The crowd broke into loud chants of “Mama” when Gumede came out to address them.

“The ANC is under attack and the only people who can save it are the branches,” said Gumede addressing the crowd outside court.

“There is no other organisation where people are arrested everyday without ever being found guilty.”

Caxton Local Media Covid-19 reporting