Sadness and shock were felt at the Durban High Court on Monday afternoon when one of Zandile Gumede’s co-accused received the devastating news that his wife had passed away.

Mthokozisi Nojiyeza, the sixth accused in the R320 million Durban Solid Waste (DSW) fraud case, received the news about the death of his wife during the one-hour lunch break.

This led Judge Sharmaine Balton to postpone the case to next Wednesday.

“Counsel has approached me to say that Nojiyeza has received the news about the passing of his wife. The court has no option but to adjourn the matter,” she said

The judge explained that the trial could not proceed without Nojiyeza, a former eThekwini councillor, as every accused person must be present. She acknowledged that such unforeseen occurrences happen and are beyond the court’s control.

Judge Balton expressed her condolences to Nojiyeza, who had already left, and noted that he would need time for traditional ceremonies following the funeral. She requested that he be given respect and time to be with his family.

In court, the accused were in shock, and some showed sympathy to Nojiyeza before he was permitted to leave the court by the judge. 

Gumede was heard trying to organise for everyone to go and pay respects to Nojiyeza’s family. 

Before the devastating news broke, a trial-within-a-trial had commenced to determine the admissibility of cellphone evidence obtained from former eThekwini city manager Sipho Nzuza. The trial-within-a-trial would proceed on December 3.

The trial session, which is the last one for 2025, began on November 10, and the case has encountered several delays. Additionally, the first session for 2026 is expected to run for four weeks instead of five. This is to allow the accused to raise funds for their lawyers. 

All 22 accused face numerous charges, which include money laundering, fraud, corruption, racketeering, and contraventions of both the Municipal Finance Management Act and the Municipal Systems Act. 

nomonde.zondi@inl.co.za

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