The R320 million fraud trial involving former eThekwini Municipality mayor Zandile Gumede and 21 others, which commenced in 2022, is still in its early stages.

This was revealed by the prosecution, which indicated that more witnesses are still to testify.

State prosecutor advocate Reshma Athmaram made the revelation on Friday at the Durban High Court.

Athmaram was appointed by the National Prosecuting Authority (NPA) to assist in the case.

When she made the revelation, she had argued that Gumede’s legal representative should not be allowed to represent Sandile Ngcobo, who can no longer afford to pay advocate Jimmy Howse SC. This was after Ngcobo was dismissed by the city earlier this year as its deputy head of Supply Chain Management. 

Gumede was arrested in 2019, while some of her co-accused were later arrested. They face a range of serious charges, which include money laundering, fraud, corruption, racketeering, and contraventions of both the Municipal Finance Management Act and the Municipal Systems Act. The charges stem from the R320 million Durban Solid Waste (DSW) tender.

Speaking about the trial, Athmaram said they were still going to present evidence on Zimbali and the cellphone records. 

“Many witnesses are still going to testify. We are still in the early stages,” she said. 

However, Gumede’s lawyer, advocate Jay Naidoo SC, quickly dismissed the aspect of cellphone records by stating that they were still open to criticism as the defence argues that they were unlawfully obtained. 

“There is no need for my lady to deal with it now,” Naidoo said. 

Athmaram tried to give the court a glimpse of what this evidence would reveal.

However, Judge Sharmaine Balton did not entertain it as she said that it was not the evidence before the court at the moment.

She also stated that the matter that was currently being argued was whether there would be any conflict of interest if Naidoo SC represented Ngcobo.

Both Athmaram and Naidoo presented arguments based on the evidence currently before the court.

Athmaram cited a conflict between Ngcobo and Allan Robert Abbu, who is also represented by Naidoo. Abbu was the deputy head of the Cleansing and Solid Waste Unit and head of special projects, while Ngcobo was the chairperson of the Bid Adjudication Committee. 

Athmaram argued that both Abbu and Ngcobo acted as directors of the enterprise that manipulated the R320 million DSW tender processes.

Naidoo said he and Howse had collaborated on the defence preparation from the outset of the trial, suggesting any conflict of interest should have arisen already.

However, Judge Balton was not persuaded. “I’m not at all convinced that it would be proper for Naidoo to represent Ngcobo. Potential for the conflict of interest exists.” 

The judge said she would give more reasons for her decision on the day she delivers a verdict for the trial.

In the interim, Ngcobo stated that he would represent himself, though Howse would step in when necessary.

Judge Balton cautioned him against causing trial delays should he appoint an attorney.

Ngcobo also clarified that while he terminated the mandate of the firm Calitz Crockart & Associates Inc. for the DSW trial, it continues to represent him in other matters.

Acknowledging the trial’s length and the financial strain on the accused, the judge announced that the first session of the trial in 2026 would be reduced from five to four weeks.

She explained: “The accused have asked for more time to raise funds.”

On Monday, a trial-within-a-trial will commence for the court to determine the admissibility of the evidence obtained from former city manager Sipho Nzuza’s cellphone. 

nomonde.zondi@inl.co.za

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