Judge criticises accused for multitasking during Zandile Gumede's corruption trial

Since he is typically working and his sound is muted when listening to court proceedings, the judge is not pleased with an accused who participates virtually in a R300 million corruption trial against Zandile Gumede, a former mayor of eThekwini municipality, and 21 other people.

Zithulele Mkhize, who is the 13th accused in the matter and the sole director of accused 14 Uzuzinekele Trading 31 CC, has been attending court proceedings virtually since June 2024 due to illness, which prevented him from attending court physically. 

According to a medical report, he is not supposed to sit for a long time. When the State raised concerns about Mkhize not being physically in court, it stated that his counsel, advocate Willie Lombard, had not applied for his client to continue attending proceedings virtually. 

It also indicated that Mkhize had been examined at Addington Hospital by a State doctor, and in that report, it does not say that Mkhize must not be in court. 

“It also appears that he drives a car most of the time and is relieved by a driver,” counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, said. 

At that moment, Judge Sharmaine Balton looked at the screen where all the accused attending virtually appeared, and she said Mkhize was sitting comfortably in a chair doing his work. 

She called him a few times, but he did not hear her. She stated that he muted the court proceedings. Everyone started laughing.

In the end, Judge Balton asked each of the other accused to raise their hands. Mkhize didn't at first, but he did in the end.

Additionally, Balton said she was not a medical practitioner, but Mkhize did not look like someone who was sick.

She said on other occasions, he sits in his chair, adding that for someone who is told to minimise his seating, he has never appeared to lie down. 

“He can come to court and bring a comfortable chair and sit at the back by Mrs Gumede. If he needs to stand up, he can do so,” Judge Balton said. 

On Wednesday afternoon, when the matter commenced, Mkhize appeared virtually, and this time, he was wearing a white gown and was lying in his bed.

Judge Balton ordered him to come to court physically on Thursday until Lombard puts in an application for him. 

“The application would be launched, it is in draft final stages,” Lombard said. 

A new witness, who is a former municipal official, started giving her evidence. The media was told not to reveal her identity, current place of work, or designation.

The witness told the court that among the people she reported to is the fifth accused, Sandile Ngcobo, the former deputy head of Supply Chain Management. 

She also said the third accused, Sipho Nzuza, who is a former city manager, had appointed her as a member of the Executive Acquisitions Committee (EAC) in 2016. 

The accused are facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to a R300 million Durban Solid Waste (DSW) tender. 

The trial continues on Thursday morning. 

nomonde.zondi@inl.co.za