A Judge in the corruption tender case of R320 million involving the former mayor of eThekwini Zandile Gumede has expressed displeasure as one of the accused did not make it to court nor report on time that she is still unwell to attend court proceedings.

The matter was being postponed for the third time on Tuesday morning since Thursday last week, following the sickness of Bagcinile Cynthia Nzuza. Nzuza is the ninth accused in this matter and is the wife of the former City Manager of eThekwini, Sipho Nzuza. 

The case has 22 accused who face multiple charges which include money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, relating to the Durban Solid Waste (DSW) R320 million tender.

Counsel for Bagcinile, Advocate Paul Jorgensen, told the court that his client was not present in court and that there was a medical certificate, he handed a copy of it to the court. He said a representative from the instructing attorney could not get in touch with her.

Judge Sharmaine Balton said that this was unacceptable, as all accused individuals needed to be present in court. She said the accused were treated better in this matter compared to other criminal matters. 

Additionally, Balton said Bagcinile could have had someone else make a call on her behalf if she was too sick to speak. 

“This is unacceptable, she has not bothered to call anyone,” she said. 

Judge Balton said she had two options, one was to issue a warrant of arrest for Bagcinile or issue a subpoena for the doctors. However, Jorgensen pleaded and said a warrant of arrest was harsh. He asked to at least find out what was going on.

Counsel appointed by the National Prosecuting Authority (NPA) adv. Viwe Notshe SC asked if the bail of Bagcinile was extended. He asked if it was not an option for the court to issue a warrant of arrest.

“Legal issue is, what is the basis for the postponement?” Notshe asked.

He said this was the issue he forgot to raise while they were in chambers. 

All the counsels had been going in and out of chambers while the accused sat in the courtroom waiting for the matter to start. The accused looked displeased that there was going to be another postponement. 

After some pleading from Jorgensen and the judge expressing how the postponements have wasted time as she anticipated for the State to finish leading its evidence with the new witness. She said she knows that a warrant of arrest is harsh.

Judge Balton said after adjournment it was going to be arranged for Bagcinile’s doctor to be called in her registrar’s office with the State present and Jorgensen would speak with the doctor. 

On Thursday when the court first learned that Bagcinile is sick, Judge Balton said she could attend the court proceedings via Zoom. The matter was postponed to Wednesday morning.

nomonde.zondi@inl.co.za

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