Gumede faces additional charge, State lists 55 witnesses

ON TOP of adding another charge of racketeering against former ethekwini mayor Zandile Gumede, the State’s amended indictment revealed that her friends would have to testify against her.

The new indictment, which the State made public yesterday when Gumede and her co-accused appeared before Durban High Court Judge Achmat Jappie, forced the court to postpone the high-profile corruption trial for the umpteenth time.

Gumede and her 21 co-accused, who include suspended ethekwini city manager Sipho Nzuza, former supply chain manager Sandile Ngcobo, Robert Abbu and senior ANC councillor in the ethekwini Municipality Mondli Mthembu, stand accused of corruption, money laundering and fraud.

Racketeering is when individuals conduct illegal business using a legitimately registered business but conceal movements of money and its sources. In the case of Gumede and others, the State alleges that companies such as Ilanga Lamahlase owned by Mzwandile Dludla, Uzuzinikele Trading 31 CC owned by Zithulele Mkhize and Elshadai owned by Prabaragan Priah were part of the racketeering enterprise.

The racketeering enterprise allegedly feasted on a R320 million waste tender issued by the ethekwini Municipality in 2017 while Gumede was mayor. The State alleges that Gumede and people such as Nzuza abused their official positions to dish up the corrupt tenders.

The State, represented by Senior State Advocate Ashika Lucken, handed in an amended indictment to the court. In it, the State revealed that it had lined up 55 witnesses. Among them is Philip Sithole, a senior manager in the municipality. Sithole was perceived to be a lieutenant of Gumede, and when he was moved from Durban Tourism to the City Hall, opposition parties slammed the move as an attempt by Gumede to fully take charge of the City’s affairs.

Another witness the State has listed is Raymond Hampersad, the head of Durban Solid Waste (DSW), who was sidelined when the waste tender was issued. His duties were illegally performed by Robert Abbu, whose appointment was sanctioned by Nzuza. The State alleges that Abbu was appointed to carry out illegal instructions.

Other witnesses were not listed and the State said the law allowed it to do so.

“In terms of section 144 (3) (a) (II) of the Criminal Procedure Act 51 of 1977 certain names of witnesses have been withheld,” the State said at the end of the 397-page indictment.

The case was postponed yesterday to November 30. Other reasons for the delay, as Lucken outlined to Judge Jappie, was that some of the accused have changed their legal teams while other defence lawyers have requested some information from the State to prepare their clients’ defence.

Speaking to the media outside court yesterday, Gumede said she would wait patiently for the court to hear the matter. She was certain she would be acquitted.

“The truth will come out at the High

Court. I will patiently wait because I have confidence that the law will be applied in a just manner. The delay is caused by the fact that on Wednesday (last week) they brought a new indictment. We are saying to them (the State) if you are ready for the trial, bring all the evidence now, but then we will wait.”

She claimed she knows the motive behind the charges, and said “I don’t care” when asked about the impact of the case on her political career as the ANC has since asked her to step aside.

“You know that I am strong and these things do happen. I am a politician, I am not a sellout,” she said, implying the charges were politically motivated.

The postponement has left Gumede’s backers, who came to support her in their numbers, fuming.

Their spokesperson, Ntando Khuzwayo, said he was not surprised that the matter had been pushed back once more. He said the case was politically motivated.

“This case is about ensuring that she doesn’t take part in the elective conference of the ANC ethekwini … we know that. The conduct of the State just proves that,” Khuzwayo said.

The case was postponed to November to give defence lawyers time to work on the new indictment.