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Zandile Gumede. Gallo images
- The ANC in KZN has lashed out at the state for taking too long in the Zandile Gumede corruption case.
- ANC members, who appeared before the provincial integrity commission, say the delays in the cases lead them to believe that state bodies are being used for politics.
- The state told the court that the police arrested Gumede and his co-defendant in May 2019 to prevent them from intimidating municipal staff.
The ANC in KwaZulu-Natal has criticized the state for taking too long to move forward with court cases, in particular the corruption issue involving former eThekwini mayor Zandile Gumede.
“It is completely unacceptable that you arrest a person, even if that person is not a comrade or leader of a movement or of any party; you arrest that person almost two years later, you keep saying that I want to investigate before” We accuse them, “he said. on Thursday the provincial secretary Mdumiseni Ntuli.
He was speaking at the ANC KZN provincial headquarters, where the party held a press conference following a meeting of the provincial executive committee (PEC).
The PEC has reinstated Gumede as a member of the provincial legislature, a deployment also widely criticized after she was removed as mayor of eThekwini for poor performance.
Ntuli said it is concerning that Gumede has been arrested and has been in and out of court, without knowing the details of the charges she faces.
At Gumede’s previous court appearance last week, Magistrate Dawn Somaroo lashed out at the state for taking too long to finalize a key forensic audit report, as well as formal charges.
While the report was ready, the State had not yet read it.
State prosecutor Ashika Lucken, who is confronting Gumede and her legal team, had repeatedly stated that Gumede and others were, in part, arrested to prevent them from intimidating municipal staff who are witnesses to the case.
The Hawks’ investigating officer, in court documents, previously stated that Gumede was using his influence to manipulate and interfere with the bidding processes.
Ntuli, however, argued that the National Fiscal Authority (NPA) had to do better.
“That is the failure of the state [taking long] And that is the issue that the PEC is raising, insofar as the integrity commission is not concerned with the charges, valid or invalid, but [also that] your own determination cannot be independent of that analysis [what the charges are], “Ntuli said
While the State still has the opportunity to file final formal charges against Gumede, it has so far been implicated in fraud and corruption related to more than R430 million in bid fraud at Durban Solid Waste (DSW).
READ ALSO | Former eThekwini Mayor Zandile Gumede gave the green light to return to the legislature
Ntuli said: “In the first place, the reason why the comrades are referred to the integrity commission is precisely because of the judicial case, a judicial case that is almost non-existent.”
Ntuli said that Gumede and others, who had appeared before the provincial integrity commission, reported poor judicial processes.
“The comrades are reporting to the integrity commission, ‘We have gone to court, they told us we should return four months later. We return four months later, they say they are not ready yet and we must return the following year. ‘ . “
He said this led ANC members to believe that state organs were being used for politics.
“It gives the comrades the impression that there are people in this country and within the ANC who are convinced that state organs are being manipulated and used to promote political agendas.”
NEC needs to adopt guidance for provincial integrity commissions
Ntuli also said that the ANC’s national executive committee (NEC) had to describe how the provincial integrity commissions worked with the national ones.
“The PEC has been insisting that unless the NEC adopts a framework and a guideline, we are going to have a crisis in terms of implementation of the resolutions.
“The national integrity commission makes findings in a certain way, but the provincial integrity commissions are making findings in almost similar cases, but in a different way.”
He said there was little national guidance regarding the PEC recommendations.
“The problem with that, once the provincial integrity commission makes a finding and the recommendations are presented to the PEC, in terms of our procedures, there is no absolute clarity as to whether or not a PEC can say ‘wait, no. we agree with what we do. ‘ you’re saying, and since we don’t agree with what you’re saying, that’s how we’re going to act on this matter. ‘
