The fraud case involving former mayor of eThekwini, Zandile Gumede, is currently faced with delays.
Image: Nomonde Zondi
The R320 million Durban Solid Waste (DSW) tender fraud case, which involves former eThekwini mayor Zandile Gumede and 21 others, including former municipal officials, has been plagued by delays since the November session began.
The latest delay stems from one of the accused, Sandile Ngcobo, the former deputy head of Supply Chain Management, who can no longer afford to pay for his legal fees following his dismissal by the municipality earlier this year.
Earlier this week, the Durban High Court was informed that Ngcobo’s instructing attorneys, Calitz Crockart & Associates Inc., were withdrawing. The firm had instructed advocate Jimmy Howse SC to represent Ngcobo. On November 10, Howse SC informed the court that he would only attend the trial when necessary, with an attorney sitting in otherwise.
Ngcobo then indicated his intention to be represented by advocate Jay Naidoo SC, who is also Gumede’s lawyer.
Prosecutor advocate Reshma Athamaram objected to this arrangement, citing a potential conflict of interest. The court was scheduled to hear arguments on this objection on Thursday morning.
However, the State requested more time to review the heads of arguments drafted by Naidoo, which were submitted late to the prosecution team now consisting of four counsels.
Judge Sharmaine Balton also stated her need for time to thoroughly review the arguments from both the State and the defence.
Sandile Ngcobo, the former deputy head of Supply Chain Management in eThekwini, is battling to pay for his lawyers after he was fired earlier this year.
Image: Doctor Ngcobo / Independent Media
“To avoid interruption of the session. Discussions were held between me, advocate Naidoo, and Mazomba (attorney Bulelani) from the instructions of Ngcobo, there would not be a conflict of interest,” said Director of Calitz Crockart & Associates, Ivette Calitz.
Mazomba is Naidoo's instructing attorney.
Judge Balton, however, responded that she had not yet decided on the conflict of interest issue. She addressed the accused, clarifying that the trial’s delays were attributed to Ngcobo and Howse.
“Howse never said his mandate has been terminated,” she noted.
Judge Balton explained that the court only learned on Thursday that Ngcobo could no longer afford his legal firm because he is no longer employed.
She cautioned that if any of the defence counsels — advocate Sicelo Zungu, Naidoo, or advocate Credo Mlaba — were to take Ngcobo on as a client, any subsequent conflict of interest would cause further delays, requiring a new lawyer to be appointed and given time to familiarise themselves with the case.
The matter was adjourned until Friday morning for arguments.
Outside the court, the concerned 22 accused held a brief meeting with some defence counsels to seek a solution for Ngcobo.
The accused face multiple charges, including corruption, money laundering, racketeering, and fraud, all linked to the DSW tender.
nomonde.zondi@inl.co.za