Sandile Ngcobo, a co-accused of eThekwini’s former mayor Zandile Gumede in the R320 million fraud case concerning a Durban Solid Waste tender, is now without a lawyer. Ngcobo previously served as the deputy head of supply chain management for the eThekwini municipality.

The instructing attorney, Jeanine Bothma from Calitz Crockart & Associates, informed Judge Sharmaine Balton in chambers on Monday that they would be withdrawing from the case. On November 10, advocate Jimmy Howse SC, Ngcobo’s lawyer told the court that he would only be coming to the matter when it is necessary; in the meantime, an attorney would sit in. 

After long discussions in chambers, advocate Reshma Athmaram placed on record that the State found itself in a difficult position as they were informed that Gumede’s lawyer, advocate Jay Naidoo SC, would now be representing Ngcobo. 

Athmaram said this was going to be a conflict of interest. “The State would formally argue its position by way of filing an application. Submissions would be circulated to all defence counsels, including Mr Howse.”

Athmaram said as it stands, Ngcobo has no legal representatives. She said their submissions would be sent to the defence by the end of business today and asked the court to postpone the matter to Thursday morning for arguments. 

Judge Balton said all of this came as a surprise to the court, as she was only told that Howse SC would only come to court when it was necessary. 

“The accused 5 (Ngcobo) legal team did not inform the court properly. Three days have already been wasted,” she noted. 

Last week the matter had to be postponed due to a State witness not being available. The witness was also informed that he would be called in 2026 for the continuation of his testimony.

Judge Balton said Bothma should come on Thursday for the arguments and wait for the court’s verdict. “Hopefully, a decision will be made,” she said. 

This resulted in the postponement of the trial-within-a-trial to determine the admissibility of cellphone evidence obtained from Sipho Nzuza’s cellphone. Nzuza was the former City manager of eThekwini. 

Nzuza’s legal representatives, Advocate Griffiths Madonsela SC and Adv Credo Mlaba, had been ready to proceed. The trial-within-a-trial is set to proceed on Friday. Additionally, advocate Viwe Notshe SC, appointed by the National Prosecuting Authority (NPA) to assist in the matter, would no longer be part of the trial. 

All the accused face fraud, corruption, money laundering, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, related to the R320 million DSW tender. 

nomonde.zondi@inl.co.za

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