Former mayor of eThekwini, Zandile Gumede, is on trial for fraud and corruption related to a R320 million Durban Solid Waste tender.
Image: Nomonde Zondi
The Durban High Court has instructed the State to go back to the drawing board after it requested to recall a witness for the third time, in the corruption case against former eThekwini mayor Zandile Gumede and 21 others.
Judge Sharmaine Balton heard the application on Thursday in the R320 million Durban Solid Waste (DSW) tender case. The accused face multiple charges, including corruption, money laundering, racketeering, and fraud, all linked to the DSW tender.
The unnamed witness had previously testified regarding the payment certificates from the four companies awarded the waste collection tender.
The witness initially testified in May 2024 and was recalled in November 2024, undergoing cross-examination by the defence on both occasions.
State Advocate Reshma Athmaram argued that the State did not lead evidence from the witness regarding the payment certificates during her initial testimony.
Athmaram also noted that while the State and defence had agreed on a Section 220 admission regarding the payment certificates, they could not agree on the inclusion of the annexures.
However, the State's request faced opposition. Advocate Jay Naidoo SC, representing Gumede, questioned the need for a third recall, especially with the agreed-upon Section 220 admissions.
“The only other time that she (witness) can be recalled is if the court is of the view that it needs clarity,” he said.
Advocate Willie Lombard, representing Uzuzinekele Trading 31 CC, stated he had specifically dealt with the payment certificates during his cross-examination of the witness, and there was no re-examination by the State.
Donovan Moodley, representing El Shaddai Holdings Group CC, also opposed, arguing that a recall is typically only justified by new relevant evidence or contradictions, which the State was not relying on.
Judge Balton, who was not persuaded by the State, questioned why the State and defence counsels had not resolved the matter, stating that admissions to an exhibit would typically include all accompanying documents.
While Athmaram stated that the defence only sought admissions on the certificates, not the annexures, the judge suggested a full consultation between all parties to review every page of the exhibits to reach an agreement.
“I’m not refusing the application, but I am merely asking that the State go back to the drawing board. We can’t deal with this application for now or the witness,” Judge Balton ruled.
Following this, the matter proceeded with Captain Obed December Lukhele being called to the stand for a trial-within-a-trial to determine the admissibility of evidence obtained from the cellphone of former eThekwini city manager Sipho Nzuza.
The trial continues.
nomonde.zondi@inl.co.za