It has been 10 days since the Durban High Court issued an order compelling the State to disclose evidence regarding a fraud investigation into former mayor of eThekwini, Zandile Gumede.
However, her lawyer says the State has not honoured the court’s order.
Gumede is currently on trial with 21 others for money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the R320 million Durban Solid Waste (DSW) tender.
The evidence sought by the defence is a report done by Masama Consulting, which found that the appointment of the Integrity Forensic Solutions (IFS) was unlawfully made by eThekwini’s City Integrity and Investigations Unit (CIIU).
According to the evidence before the court, CIIU received a stack of documents alleging irregularities in the DSW tender. The IFS was then hired to look into it. Following an investigation by the IFS, the Hawks were given the case, and arrests were made.
On Friday morning, Gumede’s counsel, advocate Jay Naidoo SC, told the court that the 10 days had passed and the State had not given him anything.
Counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, told the court that they were waiting for the eThekwini city manager’s response.
“Two days after the order was issued, the investigating officer served it to the accounting officer (city manager), and we haven’t received a response,” she said.
Judge Sharmaine Balton said the municipality should comply with the court order.
Balton said the State needed to give the defence, among other things, a whistle-blower report dated May 9, 2023, the forensic investigation report, together with all annexures compiled by Masama Consulting (mostly referred to as the Masama report), and the CIIU’s recommendations on actions to be taken.
Additionally, she said a copy of the record of the disciplinary proceedings instituted against the CIIU’s top investigator by the municipality should be made available to the defence.
She added that a charge sheet served on the CIIU investigator and the outcome of the disciplinary tribunal must be given to the defence.
Additionally, the matter was postponed to Monday as the new witness, Zithulele Mkhize, did not take the stand. This was due to the 13th accused, Mkhize, being sick.
His counsel, advocate Willie Lombard, told the court that his client was sick and handed in a medical report. He submitted a copy and an original medical report.
Due to a medical condition that prevented him from physically attending court, Mkhize has been participating online. Additionally, the court was informed that Mkhize shouldn’t spend more time sitting down.
However, on Friday, the court learned that a State doctor examined him, and according to Athmaram, the medical report did not indicate that Mkhize was not required to be in court.
He was ordered by the court to bring a comfortable chair, and he is free to stand up if necessary.
