Durban - The National Prosecuting Authority (NPA) is racing against the clock to formulate specific charges in the corruption case involving former eThekwini mayor, Zandile Gumede and 17 others, or else the case will on Tuesday be struck off the roll.
Gumede and her co-accused, who include suspended eThekwini city manager, Sipho Nzuza and his wife Bagcinele, among others, are on Tuesday expected to return to the Durban commercial crimes court.
This is in relation to Gumede’s corruption case emanating from a R400 million waste tender issued by the eThekwini municipality while Gumede was mayor.
The the State alleges that the former mayor received undue benefits and the tender was issued in an irregular manner.
If the NPA fails to make progress (formulating specific charges) on the matter, the high profile corruption case could be struck off the roll, letting Gumede and co-accused to walk free.
When the matter was heard in December, last year, the State was not ready.
At the time, prosecutor Ashiken Lucken said the NPA was still finalizing a forensic report based on bank records.
Lucken said those records would help them to formulate specific charges.
That did not sit well with Gumede’s legal team, led by advocate Jay Naidoo.
Gumede, and her co-accused, charged Lucken and the State of infringing on their clients right to a fair and speedy trial.
Presiding magistrate, Dawn Somaroo, later said, some of the accused had their political careers on hold because of the corruption case.
This was in apparent reference to Gumede whose ambitions to be re-elected as the chairperson of the eThekwini region of the ANC is an open secret.
After long arguments where the legal teams wanted the matter to be struck off the roll until the State is ready, Somaroo ruled that the State should be given until March 23 to get its house in order.
The State wanted up until April this year to get the ball rolling, but its request was rejected.
Somaroo then ruled that the State must before the return date hand over copies of the forensic reports to all defence lawyers.
Furthermore, Somaroo ruled that should the State not be ready by the time the case returns to court, there would be an inquiry to find out why and it would have to face some "consequences" for that.
Among the possible outcomes would be having the matter struck off the roll.
The request to have the matter struck off the roll is also already in abeyance, and should the State either once more dither, Gumede's lawyer, Naidoo, said he would not hesitate to invoke it when the sitting resume today.
NPA KZN spokesman Natasha Kara was non-forthcoming when asked about the State's readiness in the high profile corruption trial.
"The case will be heard in court tomorrow. Please attend and see what transpires," Kara said.
Gumede said she met with her lawyers ahead for today's (Tuesday) sitting, and they told her they were in the dark about the case.
"My lawyers wrote to the NPA asking them to furnish them with details and they got no answers. So, up to now, we have no idea whether or not they are ready to proceed with the case," Gumede said.
Last week, three more eThekwini municipality councillors were arrested and joined in the case - pushing the number of accused to 21.
They were arrested by members of the National Clean Audit Task Team for corruption linked to the same waste tender as Gumede.
Mthokozisi Nojiyesa, Bhekokwakhe Welcome Phewa and Sduduzo Khuzwayo were all granted bail of R15 000 each, and are expected to return to court today, together with Gumede and others.
Meanwhile, Ntando Khuzwayo, the acting spokesperson of ANC eThekwini branches supporting Gumede said the magistrate should struck the matter of the roll as the State is abusing the law.
"A case that started in April 2019, but the prosecution has failed to produce a single grain of charges because in any case there's no case but a clear abuse of state organs to advance political ends.
Two years later, our anticipation tomorrow, is that, should the state fail to produce tangible evidence that implicates our comrades, the magistrate should strike this frivolous case off the roll, Khuzwayo said.
He added that their patience has been tested for far too long on this matter and theh expect that this case to come to conclusions.
"Any further delay will reinforce our belief that this is indeed a political trial and our little confident on the justice system will be completely destroyed. The constitutional rights of our comrades in a democratic state are again at stake."
Political Bureau