Durban — The sixth accused in the money laundering and fraud trial of former eThekwini mayor Zandile Gumede has ditched his lawyer, advocate Jay Naidoo. Naidoo, who was representing Gumede and others in this matter, told the Durban High Court that he received instructions that the mandate to represent Mthokozisi Nojiyeza had been terminated.
“He will now be represented by advocate Sicelo Zungu,” said Naidoo.
Nojiyeza was not in court last week as he was sick.
Judge Sharmaine Balton questioned his sick note and ended up issuing a stayed warrant of arrest for him should he not attend court on Tuesday. This means that should he fail to appear in court he would be arrested. Nojiyeza is a former eThekwini municipality councillor.
Nojiyeza was once accused of killing an ANC Ward 88 councillor Sbu Maphumulo in 2019, however, he was released because the case was struck off the roll. He was accused alongside hitman Nkosinathi Mbambo who was sentenced earlier this year to two life sentences for killing ANC branch leader of KwaNdengezi Thulani Nxumalo.
Nojiyeza’s new legal counsel, Zungu, asked the court for a postponement to analyse some documents. However, Judge Balton said the State should finish with its witness first. The judge said the warrant for Nojiyeza would be extended to January 22.
The State witness, a former eThekwini Municipality official, told the court he had received an email before he went on leave from the deputy city manager at the time, telling him that he must ensure that Allan Robert Abbu (accused four), followed protocol when it came to the payments of the contractors.
“We don’t want irregular expenditure on Solid Waste,” read the email.
The former official told the court that he wanted to tell the deputy city manager that he was not involved in the awarding of these tenders.
The 22 accused are facing charges that include conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and contravention of the Municipal Systems Act in a contract worth more than R300 million related to a Durban Solid Waste tender.
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