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Zandile Gumede trial: Third postponement this week raises judge's ire


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Zandile Gumede trial: Third postponement this week raises judge's ire

Former eThekwini mayor Zandile Gumede
Former eThekwini mayor Zandile Gumede

8th November 2023

By: News24Wire

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The judge presiding over the corruption trial of former eThekwini mayor Zandile Gumede and her 21 co-accused did not take kindly to an accused's failure to let his lawyer know that he was too ill to attend the proceedings.

The proceedings were delayed on Monday, Tuesday and again Wednesday - and on all three occasions it was due to the absence of one of the accused, African National Congress councillor Sduduzo Khuzwayo.

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On Tuesday, Judge Sharmaine Balton was presented with a sick note on Khuzwayo's behalf, which stated that he was examined on 6 November.

The note, however, was signed on 8 November.

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"Unless the doctor is living in a different time zone, there is something wrong with this date," an irate Balton said at the time.

On Wednesday, the accused was absent again, and defence lawyer Jay Naidoo said Khuzwayo contacted him. He established that Khuzwayo had been hospitalised.

But Balton still wants an explanation for the dates recorded on the sick note.

"I am surprised his (Khuzwayo's) phone is off. I am not satisfied with this note. If I need to speak to each doctor who issues these types of notes, I will. Your client should have had his phone on," she said.

She wants the doctor who issued the note to attend court by Friday to explain the dates.

"Doctors must not think they can just hand in incorrect certificates," she added.

"If he fails to pitch up, I will issue a subpoena."

Balton also warned the accused to ensure that their phones were switched on so that they could be reached.

The trial is expected to continue on Thursday after Khuzwayo indicated to Naidoo that he would be fit to attend court then.

Gumede and her co-accused allegedly manipulated supply chain procedures and siphoned R320-million from eThekwini's Durban Solid Waste unit, and distributed money to her preferred contractors and friends.

The case, in general, has been marred by delays for several reasons, including delayed starts after breaks to witness security concerns.

The start of the October session of the case was also delayed in the first week after Bagcinile Nzuza, 52, informed the court that she had sought the assistance of Legal Aid.

She required a new lawyer after she fired her previous one due to a legal bill dispute. Nzuza is married to the former City manager, Sipho Nzuza, who is also an accused in the matter.

She allegedly coordinated the fitting of a built-in kitchen in her mother-in-law's home, with the R18 000 bill allegedly paid by one of the service providers accused in the tender scandal.

Her legal counsel issue was eventually resolved.

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