State says evidence in Gumede trial includes dozens of documents, bank statements and cellphone records

Durban - Three years after her arrest for fraud and corruption in 2019, former eThekwini mayor Zandile Gumede finally had her day in court yesterday, when she and her 21 co-accused were asked to plead on numerous criminal charges, which include racketeering.

The trial got under way in the Durban High Court. The State revealed yesterday that evidence in the trial included several files, more than 600 bank statements and more than 200 cellphone records and other information.

In terms of the racketeering charges, the accused have been charged with:

– Conducting an enterprise through a pattern of racketeering.

– Managing an enterprise.

– Use of property derived from a pattern of racketeering.

– Acquiring or maintaining an interest in or control of an enterprise through a pattern of racketeering activity.

All the accused pleaded not guilty to these charges, when they were read out in court.

In the R320 million trial, the State has alleged that Gumede along with her co-accused, including former eThekwini city manager Sipho Nzuza, ran an operation from December 2017 until July 2019 in which funds were systematically siphoned from the Durban Solid Waste business unit.

It is further alleged that the milking of the money had been achieved through bribery and manipulating the city’s supply chain management system, which ensured that certain contracts were awarded to preferred individuals.

The money, the State further alleges, was distributed using an enterprise of service providers for a range of purposes that included solidifying Gumede’s position as ANC eThekwini regional chairperson, a position which she still holds.

Earlier, the State’s request for assessors to be part of the case was dismissed, with both the defence teams and the judge agreeing that the court had sufficient experience to handle the case.

The State had argued that due to the volume of evidence, the presence of assessors would benefit the case.

All defence representatives insisted that Judge Sharmaine Balton had sufficient experience to handle the matter, and questioned why the State had brought the application at the eleventh hour.

In her decision, the judge said the State had not provided compelling evidence for the presence of assessors.

She said that should there be a need for any assistance, the court would seek such as the case proceeded.

While the State’s request for assessors was dismissed, National Prosecuting Authority spokesperson Natasha Ramkisson-Kara said they did not view the judge’s decision as a setback.

Speaking outside court, Gumede expressed relief that the case was going ahead following many delays. She had earlier complained that the delays were affecting her life as a public representative and political figure, and had financial implications owing to the cost of hiring legal representatives.

The ANC eThekwini regional leadership was at court to support Gumede. Those present included ANC eThekwini deputy secretary Nkosenhle Madlala and eThekwini Municipality executive committee member Zama Sokhabase.

Scores of ANC supporters packed a tent outside the Durban High Court.

The case continues today.

THE MERCURY

• No assessors for Zandile Gumede trial

• Zandile Gumede trial to start at end of August