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Former eThekwini Mayor Zandile Gumede leaves the Durban Commercial Crimes Court on September 10, 2020 in Durban, South Africa. Gumede and his co-defendants are reportedly charged with alleged corruption in a 2017 Durban Solid Waste (DSW) tender. Bribes are alleged to have been pocketed, among other allegations. (Photo by Gallo Images / Darren Stewart)
On Thursday, September 10, the state received a three-month postponement in the corruption case against former eThekwini mayor and current KZN MPL Zandile Gumede and 16 others, to finalize a forensic audit report on the dubious contracts that They involve Durban Solid Waste (DSW) which have soared to R430 million since the investigation began.
They are common Gumede, who was charged in May 2019, is accused, among other things, of influencing the award of the contracts.
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Gumede is currently out on bail of 50,000 rand and appeared in person at the Durban Commercial Crimes Court. His co-defendants were also present, save for one.
The state’s main defender, Ashika Lucken, told the court that the investigations were nearing completion and that they were satisfied that they could “take this matter to the next stage of the criminal process.”
“There have been several interactions with the heads of certain entities that have yet to deliver certain documents to the state, as well as statements that had to be taken from witnesses. These interactions have continued, ”Lucken said.
He said the state had requested bank statements, most of which were being submitted for the pending audit report.
“In general, the presentation is that most of the information required for the forensic auditor to bring the report to a complete state, is in the hands of the investigators. Some information is still coming in and there are positive responses to bank inquiries. “
Lucken said that a municipal audit report from eThekwini, which is already part of the evidence to be presented to the court, revealed that there were multiple irregularities that occurred during Gumede’s tenure as mayor.
Justifying the state seeking postponement to Magistrate Dawn Somaroo, Lucken told the court that his forensic audit report would likely be 350,000 pages.
The investigation included 5,250 pages of seized documents, 460,000 pages of bank documents, about two million lines of seized electronic data, “relationship mapping” and the interview of 450 people, Lucken told the court.
At the previous appearance in July, attorney Jay Naidoo, representing Gumede, had told the court that if the state was not ready to proceed on Thursday, September 10, it would request that the matter be removed from the list due to “unreasonable delays. “.
Lucken addressed this issue of the request to provisionally drop the charges.
“The court will recall the last time Jay Naidoo gave verbal notice to the state of his intention to file a 342A application … at that time when the state was arguing the point for further investigation. The state details that what hindered everything was the Covid-19 crisis. We will not return to that argument. It is registered “.
However, Somaroo told prosecutors that if the forensic audit report was not ready by December, defense attorneys should be informed and that this could be used as a basis for hearing the argument as to whether the matter should be removed from the list. The matter will be heard again on December 10.
Gumede was removed as mayor in August 2019 for “poor performance,” but remained a proportional representative councilor in eThekwini municipality.
Last month, he was sworn in as a member of the provincial legislature. However, since then he has been told to “step aside” from this position, and as a member of the ANC’s eThekwini Region task force, as the party tries to end multiple scandals.
His positions will be reconsidered once he makes his case before the ANC’s Integrity Commission, according to the party.
While on special leave, Gumede still receives a salary of around R1.1 million annually for MPL duties that he no longer performs. DM
