Anticipated ruling in Zandile Gumede's R320 million corruption trial

The Durban High Court will on Monday make the much-anticipated ruling about having the reports and annexures admitted into the Zandile Gumede R320 million corruption and fraud trial and about the appointment of a forensic company that investigated this matter. 

The forensic company Integrity Forensic Solutions CC (IFS) was outsourced by the eThekwini Municipality's City Integrity and Investigations Unit (CIIU) after it received a stack of documents anonymously alleging tender irregularities of Durban Solid Waste (DSW). 

During court proceedings on Friday, Judge Sharmaine Balton added that she had completed the draft order and invited the State and defence to have a look at it, and said it would be delivered on Monday morning. 

Gumede’s counsel, Advocate Jay Naidoo, had put an application requesting the State to provide a report from Masama Consulting and annexures to the defence so they could be used to cross-examine key State witnesses, some of whom are former senior officials of CIIU.

Masama Consulting was hired by the city to probe the appointment of the IFS after a whistleblower alleged that it was unlawfully appointed.

The court has learned that an investigator from CIIU was dismissed by the municipality after the probe into the IFS. 

The State has opposed Naidoo’s application and said it was irrelevant to the charges placed against the 22 accused.

The accused face numerous charges which include money laundering, racketeering, fraud, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act relating to the DSW tender. 

The spokesperson for Gumede, Siphelele Jiyane, said the judgment was supposed to be heard before the session started on Monday, but that did not happen. The whole week, it had been expected for the court to say something about it, but it did not. 

“We were hoping for it to be heard this morning, but it did not happen,” he said. 

Jiyane said they were eager to hear the court’s decision. “The cracks of this case lie with the application that has been made.”

He said that should the ruling favour Gumede and her co-accused, continuing with the case would be a futile exercise. 

“As we have been saying, it's a waste of taxpayers' money as this case has continued for seven years. The NPA (National Prosecuting Authority) would have to account for all these years wasted,” Jiyane added. 

Additionally, Jiyane said if the ruling is against the accused, there are many ways to continue making new applications. However, he said that what is in the application still stands, that the IFS is charged by the municipality. 

Meanwhile, the State witness, who is a former municipal official, continued to lead evidence, telling the court about her duties.

She will likely continue leading her evidence on Monday after the ruling. 

nomonde.zondi@inl.co.za