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- Two accused in the Durban Solid Waste corruption trial involving Zandile Gumede have indicated they don't have enough funds to pay their lawyers.
- Senior state advocate Ashika Lucken was, however, ready to proceed with the matter and called on the court to instruct the accused's lawyers to expedite their financial issues.
- Judge Sharmaine Balton said the matter could take more than a year and added that it was vital for the trial to commence soon.
At least two of the accused in the Zandile Gumede corruption trial have run into issues with paying their lawyers, leading to yet another postponement in the matter that has been in and out of court for about four years.
The trial was meant to start in the KwaZulu-Natal High Court in Durban on Monday.
The matter, which was heard in a packed courtroom, saw Judge Sharmaine Balton express frustration at last-minute matters raised by the defence lawyers.
She then postponed the matter to 27 July for pre-trial issues to be resolved in chambers.
The trial itself was postponed to 1 August when the matter was expected to commence.
Balton, however, warned all attorney's that she wanted to get the matter under way at the soonest. She stressed that the pre-trial matters heard in court on Monday should have been resolved at the previous pre-trial hearing.
Balton said:
Several issues raised in court
Cynthia Nzuza, the wife of former eThekwini city manager Sipho Nzuza, did not have a lawyer present in court. Her lawyer was only called once proceedings began, with the court hearing that Nzuza had only informed the lawyer that her services were required at around 10:30.
Her lawyer indicated that there were some constraints with payment and that this still had to be resolved.
Sandile Ngcobo, who was represented by well-known criminal trial attorney Jimmy Howse, indicated that he ran into financial troubles and could no longer afford Howse.
Balton then said that Ngcobo, who did not qualify for a legal aid lawyer because he is employed at the eThekwini Metro, should seek other options.
Balton said:
Another accused, Zithulele Mkhize, was not in court, citing influenza. A stayed warrant was issued for his arrest until 27 July. The court heard that Mkhize also could not afford the full services of his lawyer.
Meanwhile, Jay Naidoo, the lawyer representing Gumede, indicated he would bring an application to oppose the racketeering charges.
READ | eThekwini ANC demands provincial post for criminally charged Zandile Gumede
"We feel this is not supported by evidence. We filed an objection to the charges. The objection will only be entertained once the full indictment has been read," he said.
Senior state advocate Ashika Lucken opposed all applications made in court.
She told the court that the accused needed to expeditiously resolve their finances and other matters.
"We are ready to go," she said when asked if the State was ready for trial.
Gumede, councillor Mondli Mthembu and others are accused of colluding with corporate entities and others to circumvent the outcome of the municipality's supply chain management protocols to the tune of more than R350 million.
She allegedly gave instructions to the bid specification committee, bid adjudication committee and bid evaluation committee, despite mayors not being allowed to get involved in tender specification processes.
The Asset Forfeiture Unit and the Hawks seized 10 properties, including the plush Prestondale residence of Gumede's co-accused, Hlenga Sibisi.
The ANC removed Gumede and other senior party members from the powerful, decision-making executive committee of eThekwini in September 2019 after the party asked her to resign a month before.
