The fraud case involving former mayor of eThekwini, Zandile Gumede, is set to proceed on Wednesday following delays.
Image: Nomonde Zondi
One of the accused charged alongside former eThekwini mayor Zandile Gumede for R320 million Durban Solid Waste tender fraud has been permitted by the Durban High Court to attend a cleansing ritual following her mother’s death and burial in early May.
The High Court heard the application of Khoboso Dlomo (accused 16) on Monday. In her application, Dlomo — who is married to Bongani Dlomo (accused 15) — requested to be excused from court this coming Friday and asked for an early adjournment on Thursday. She informed the court that her mother passed away on April 26, 2026, with the funeral held on May 2.
Dlomo, who is Mosotho by birth, explained that her family adheres to Basotho cultural customs.
“According to Basotho tradition, a two-day cleansing ritual or ceremony has to be held roughly a month after the death of an elder, which my mother was,” she explained.
Moreover, she said the family scheduled the ceremony for June 5 and 6 to accommodate relatives travelling from Lesotho.
She stated that her request for a half-day on Thursday is to allow her to travel to the Free State, a journey she said was about seven to eight hours. She argued that departing after the court's standard 16:00 adjournment would necessitate driving through peak traffic and overnight, which she said would present a safety risk.
“This is the first such indulgence of this nature I have requested of the court. I seek only one and a half court days for the bereavement. The court has shown compassion to other accused in similar circumstances. I humbly pray for leave of the court to attend the cleansing ritual,” she urged.
However, the State vehemently opposed Dlomo’s request, demanding a cultural expert’s affidavit to corroborate her claims regarding the Basotho custom of conducting a cleansing ceremony approximately one month after a senior family member’s passing.
State-appointed Advocate Reshma Athmaram further contended that Dlomo failed to provide evidence proving her extended family resides in Lesotho or confirming their intent to travel for the event.
Additionally, the prosecution raised concerns over the lack of justification for the ritual spanning two days rather than one.
“Surely if the date was by arrangement with her extended family, the date selected could have been made for a Saturday and Sunday, which would have allowed the accused to travel and return in time for court,” she said.
Judge Sharmaine Balton interjected as Dlomo’s counsel, Advocate Graham Ker-Philips, stood up to respond to the prosecution’s arguments, noting that a reply was unnecessary.
The judge observed that the court had encountered similar applications before, noting that several individuals involved in the trial, including herself, had experienced personal losses. Consequently, she ruled that the court would adjourn early on Thursday and would not convene on Friday.
Judge Balton had previously allowed postponements for other accused, such as Sandile Ngcobo, following the death of his grandmother, and Mthokozisi Nojiyeza, who received a call while in court that his wife had passed away.
In a separate development, the trial was halted on Tuesday because Mzwandile Dludla, the 11th accused, was on sick leave. This followed an earlier disruption on Monday due to his illness.
Athmaram challenged the validity of Dludla’s medical certificate, arguing it failed to specify his illness as required by Rule 16 of the Health Professions Council of South Africa (HPCSA).
However, Dludla’s lawyer, Advocate Paul Jorgensen, clarified that his client was only unavailable for Tuesday and would return on Wednesday.
“The medical certificate bundle in this matter seems to be bigger than the evidence bundle,” Judge Balton said, postponing the matter to Wednesday morning.