Former eThekwini mayor and corruption accused Zandile Gumede is open to taking donations for her criminal trial fees.

This was according to her spokesperson, Siphelele Jiyana, who was speaking to News24 outside the KwaZulu-Natal Division of the High Court in Durban.

Gumede on Monday appeared for the first time since a jarring emotional breakdown in open court last week, where she burst into tears.

"God, I'd rather die than go through all of this. The prosecution is playing with me," she said as her supporters removed her from court to gather herself. 

Her outburst came in the middle of arguments discussing further postponements that had plagued the case between October and November.

However, Jiyana said after a weekend of being out and about for the African National Congress (ANC) during voter registration, Gumede was feeling better.

"God works in mysterious ways, she is a God-fearing woman and believer. This morning, I was speaking to her, asking if she is ready... she said she knows who she believes in [God], and she is optimistic and determined the truth will surface."

He said Gumede was open to donors, saying she was struggling to pay her lawyers.

Last week, after her breakdown in court, Jiyana said she had to borrow money the previous day to pay counsel.

On Monday, Jiyana said Gumede still had several financial obligations.

"As far as her financial situation, nothing has changed, it remains the same. Remember, she has a very big family that relies on her. We are also in high court and advocates and counsel are expensive. I am sure she is open to potential donors who want to assist."

Cross-examination

Jiyana said Gumede was looking forward to the cross-examination of a senior Durban Solid Waste (DSW) official, who had been testifying for the better part of the year.

"Today seems promising. The cross-examining has begun, and the devil is in the details."

He said the State tried to put evidence in via the "back door," which was dismissed.

He was referring to Judge Sharmaine Balton denying the State any admission of further evidence on Monday. 

In the first session of the day, Balton heard a submission by the prosecutor, Ashika Lucken, to admit evidence in the form of a communication between the senior official and another person.

Balton ruled that the communication related to an "aborted" disciplinary process against accused Robert Abbu, the former head of special operations at DSW, who worked alongside the senior official testifying.

Because the disciplinary was incomplete, she said the evidence could not be used.

"The interest of the court is to discover the truth, and we saw that when the judge shot the attempt to bring the evidence through," Jiyana said.

Gumede and the ANC

Jiyana said Gumede was still open to assisting the ANC in the upcoming 2024 general elections.

She was even seen with national leaders in social media posts over the weekend.  

"She loves the ANC and wants them to win. She always talks about two-thirds majority. We have millions of voters in eThekwini, and she knows many voters are behind her."

He said Gumede was "trying to avail herself in all things necessary."

"She was hitting the ground with the national leadership [over the weekend]. We are looking forward to a positive ANC campaign.

The State has alleged that Gumede and her 21 other co-accused syphoned over R320-million from eThekwini's coffers via DSW.

During that time, refuse collection was a challenge - with many areas, particularly Umlazi, complaining of trash piling up.

Among others, the State is attempting to prove racketeering charges and alleges they have identified a criminal enterprise run by Gumede, former ANC councillor Mondli Mthembu, former city manager Sipho Nzuza, Abbu, and Sandile Ngcobo, the top five accused.

They allegedly used four companies over 36 months to syphon funds to preferred contractors and political groups, including the Umkhonto we Sizwe Military Veterans' Association.