The fraud case against eThekwini's former mayor, Zandile Gumede, has been postponed. On the left is her spokesperson, Siphelele Jiyane.
Image: Nomonde Zondi
A stayed warrant of arrest has been issued for former eThekwini councillor Mthokozisi Nojiyeza, one of 22 accused in the R320 million Durban Solid Waste (DSW) fraud case, which also involves former eThekwini Municipality mayor Zandile Gumede.
Judge Sharmaine Balton issued the warrant after Nojiyeza failed to appear in court for two days since the beginning of the 2026 session.
The case was postponed from Monday to Thursday morning, with the expectation that the former ANC councillor would submit an affidavit to explain his absence.
Announcing that she was issuing the stayed warrant of arrest, Judge Balton noted that in November 2025, the matter was delayed after Nojiyeza received the tragic news of his wife's death.
The whole session was cut short to allow Nojiyeza to observe some traditional ceremonies following a funeral. It is understood that the reason Nojiyeza has not come to court is that he is still in mourning.
During Thursday's proceedings, State prosecutor advocate Reshma Athmaram informed the court that affidavits from cultural experts had been exchanged between the State and Nojiyeza’s legal team, advocate Sicelo Zungu, and instructing attorney Siya Hlongwane. This exchange is related to cultural observations following a death.
Former ANC councillor Mthokozisi Nojiyeza.
Image: Nqobile Mbonambi / Independent Newspapers
Athmaram stated: “Following the exchange of such affidavits, Zungu will consult with accused six (Nojiyeza) regarding his attending the proceedings virtually.”
She elaborated that a State cultural expert indicated that Nojiyeza could negotiate with elders to allow him to attend court virtually. Athmaram then requested a postponement to Monday.
This is the second stayed warrant of arrest issued against Nojiyeza by Judge Balton; the first was in November 2023, when a sick note he submitted was deemed unsatisfactory.
Judge Balton also placed on record that another reason for Thursday's postponement was a family bereavement experienced by advocate Griffiths Madonsela SC, representing former eThekwini city manager Sipho Nzuza.
However, advocate Credo Mlaba, working with Madonsela, assured the court that the senior counsel would be available to proceed on Monday.
The judge cautioned against further delays, warning that if the matter continues to be protracted, it could remain in court until 2030 or 2031.
nomonde.zondi@inl.co.za