With more than 2,000 counts on charges that former eThekwini Municipality mayor Zandile Gumede and 21 others face, they all pleaded not guilty to the counts read out to them in the Durban High Court.
DURBAN – With more than 2,000 counts on charges that former eThekwini Municipality mayor Zandile Gumede and 21 others face, they all pleaded not guilty to the counts read out to them in the Durban High Court on Monday.
All the accused pleaded with no plea explanation and their lawyers said that they elected to remain silent.
“No, nothing like that ever happened and I plead not guilty,” said Gumede in court in relation to count 4.
The count relates to the contravention of the Organised Crime Act where the State alleges that between December 2017 and July 2019 the accused benefited through proceeds of unlawful activities derived from payments generated through a pattern of racketeering activity that is illustrated through their planned ongoing, continuous or repeated participation or involvement in the offences alleged against them.
The 22 face several charges, including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act and contravention of the Municipal Systems Act; amounting to more than R300 million. The accused are an array of eThekwini municipal officials (current and past), ward councillors, business people and their companies.
The State alleges that eThekwini officials, including the former city manager and ex-mayor, circumvented the supply chain management processes on a Durban Solid Waste (DSW) tender, for the benefit of identified service providers for more than R300m.
Gumede faces count 113 to 120 alone and when it was read out she pleaded not guilty.
In these counts, the State alleges that she failed to disclose to the municipality any benefits, or financial interests received in terms of the prescribed legislation, guidelines, and policies.
Gumede is alleged to have induced the municipality and State into believing she was dependent solely on the remuneration from the city.
The indictment said she received R70,514 in December 2017 which she did not disclose to the municipality.
Earlier, despite the State asking for an assessor to sit in on the case, the presiding judge said she would request one should the need arise. This comes after the National Prosecuting Authority had handed a letter to Judge Sharmain Balton asking that she reconsider the decision not to have assessors.
Representing the NPA, Andrea Gabriel SC made the request based on the volume and complexity of the case explaining that there were 2,783 counts and the analysis of 600 bank statements and 200 phone records.
“The State is in no way suggesting that the judge would not be impartial … The case has an excess of 4,000 data, it involves 100 witnesses. The application is for a skilled assessor … The State can find one within government to minimise the cost of such,” she said.
Judge Balton making a decision on the application said her court had dealt with many cases prior of a similar nature adding that the cost factors and delays relating to assessors were a concern.
“The court is not satisfied that this application should be granted or even entertained. The court had previously said there would be no assessors, should the need arise that the court requires expert opinion nothing will stop it from bringing assessors.”
State prosecutor Ashika Lucken will continue reading the counts against the accused who are expected to continue pleading on Tuesday.
