Frustrations and anger grew among the accused charged with former eThekwini mayor Zandile Gumede as the Durban High Court had to postpone the case on Wednesday morning due to a sick State witness. 

Gumede and 21 co-accused are on trial for money laundering, fraud, racketeering, among other charges, related to a R320 million Durban Solid Waste (DSW) tender.

The trial was paused on Monday to allow the trial-within-a-trial to take place. The State wants evidence obtained from a cellphone of the former city manager of eThekwini, Sipho Nzuza, to be part of the main trial.

The witness, who is a retired Hawks Lieutenant Colonel, is under cross-examination in the trial-within-a-trial. The media is prohibited from naming the Lieutenant Colonel.

On Monday, it was placed on record by State-appointed Advocate Reshma Athmaram that the Lieutenant Colonel has just had a major surgery. 

“He is due to commence intensive medication,” she had said. 

She added that the Lieutenant Colonel would not be available once he began taking his medication, which is why the main trial was put on hold.

The court proceedings started at 11.30am on Wednesday. Although it was not placed on record, it was established that the police officer had to consult with a doctor first.

At 11:30, everyone was ready for the matter to begin; however, as Judge Sharmaine Balton entered, Athmaram asked all counsel to go to Balton’s chambers.

She said she had received a call from her colleagues who are with the witness in virtual court, and what she wanted to discuss involved the officer’s private medical information.

As all the legal counsels stood up to go to the chambers, the accused were heard talking among themselves, saying makahambe (he can go). 

“The other witness from the main trial must be brought back,” the accused said angrily while talking among themselves. 

The accused also allegedly stated that the police officer had visited a doctor after court on Tuesday, thus he would not be able to continue testifying on Wednesday. In order to give the officer time to visit the doctor, the court adjourned at 14.30 on Tuesday.

 Others were voicing displeasure with the possibility of a postponement. 

The fifth accused, Sandile Ngcobo, approached his lawyer, advocate Jimmy Howse SC, and they had a brief discussion before he went to the chambers.

When the counsels came back from chambers, they went to briefly talk to their clients, who looked unhappy.

Judge Balton came back to court and calmly asked that everybody remain patient and tolerant.

“As discussed in the chamber, he (the officer) is not in a position to continue today.” 

She said these things happen, and she understands that everybody is frustrated, but there was nothing that the court could do.

“The court appreciates him (the officer) for making himself available despite his medical condition,” Balton said. 

The trial-within-a-trial is expected to commence on Thursday.

nomonde.zondi@inl.co.za

Source link