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- Zandile Gumede’s corruption case was once again postponed at the Durban Commercial Crimes Court on Thursday, but with strict guidelines from Judge Dawn Somaroo.
- Defense attorneys rejected the state’s request for a three-and-a-half-month postponement to finalize a key forensic audit report.
- According to the State, an avalanche of documents, of more than 70,000 pages, is holding back the completion of the judicial processes.
The state was wrapped up in its knuckles at the Durban Commercial Crimes Court on Thursday when it requested another adjournment in the corruption matter involving the MPL in banking and former eThekwini mayor Zandile Gumede.
A key audit report for the investigation into the Durban Solid Waste Bidding Fraud (DSW), which allegedly implicated Gumede and his co-defendant in corruption worth R430 million, was completed, but the attachments had yet to be numbered and attached , prosecutor Ashika Lucken argued.
Lucken said the audit report summary, which consists of 741 pages, has been finalized.
“They are exhibitions that are part of annexes on this matter. This [annexures] It amounts to approximately 75,000 pages, and this number of pages excludes the 741 pages of the audit report. “
However, Lucken acknowledged that she did not read the full report or summary herself, something that defense teams, particularly Gumede’s, objected to.
For the first time in the matter, Lucken also informed the court that the report would have to go through a strict process before anyone could see it.
Research
“The forensic audit firm is mandated to [Hawks] to conduct research and compile the report. Before anyone sees it, the director of [Hawks]. Those are protocols and procedures that must be performed. “
He also said the final indictment, which Gumede and his co-defendants had not seen in nearly two years, was not yet finalized.
Lucken asked for a three-and-a-half-month postponement, which he left the courtroom, packed with Gumede supporters and his co-defendants, panting.
“To justify the long period … the State will have to obtain this information [annexures and report] on a hard drive. This period will also include receiving the audit report. “
READ ALSO | Zandile Gumede: State describes thousands of pages in evidence for corruption case
He said the upcoming vacation would also affect the length of the delay. He added that attachments require pagination and indentation of each and every page.
“They are not expected to do it manually. It is done in the form of an electronic device and takes one document at a time.”
For Gumede, attorney Jay Naidoo said the earlier appearance on Sept. 10 required the report to be ready.
“During the last appearance, their worship ruled that the audit reports would have to be ready. Now we are hearing about so many things for the first time. This is detrimental to my client. [Gumede] who works in the political office.
Months
“Almost two years to wait another four months for a provisional indictment is not in line with the law. The transcript of this report for our consumption is electronic. I can’t believe it would take four months.”
Lucken refuted this, saying that he had seen the report, but had not read it.
Naidoo requested that the return date of the matter be February 24.
Justice Dawn Somaroo sealed her authority in the state, saying her request for a three-and-a-half-month postponement was unreasonable.
“If you have everything ready, surely it cannot take four months. People go on leave, yes, but we are talking about judicial processes and people’s lives. When they return you have to do what you have to do.
“I have to step in now and make an order to move the matter forward. A lot of the things about the scan and stuff, they don’t keep. I don’t understand why all of that is not in electronic form. It could have been done in stages.”
Somaroo ruled that the matter would return to court on March 23, 2021, where the full discovery of the evidence and the full indictment would be handed over to defense teams.
