The defence in the money laundering and fraud trial of Zandile Gumede, the former mayor of eThekwini Municipality, is expected to bring its long-awaited application to the Durban High Court next week regarding the ‘unlawful’ appointment of a forensic company that investigated Gumede and 21 others.
Gumede and her co-accused are on trial for fraud, money laundering, racketeering, conspiracy to commit corruption, and other charges linked to a R300 million Durban Solid Waste contract.
Gumede’s counsel advocate Jay Naidoo, told the court that the application had been drafted and would be ready by the end of business on Wednesday (today).
Naidoo had indicated in the last session of the trial in 2024 that he wanted to bring documents, including a whistleblowers' report, that said the appointment of Integrity Forensic Solutions (IFS) was unlawful.
IFS was outsourced by the eThekwini Municipality to work hand in hand with the investigation unit of the municipality, the City Integrity and Investigations Unit (CIIU).
The whistleblower report, which is alleged to be part of the documents that Naidoo wants to put before the court, was directed to the former mayor of the City Mxolisi Kaunda. The report apparently claims that IFS received a favourable footing after a CIIU staff member met with its representative at a private location around 2017.
Shortly thereafter, according to the report, IFS was awarded forensic investigation work by CIIU’s management, without any contract advertisements or quotation requests made public.
On Wednesday the matter was supposed to continue after it was postponed on Monday, due to former councillor of the City Mthokozisi Nojiyeza failed to pay his legal fees. However, this did not happen. Naidoo said the second accused Mondli Michael Mthembu, a former official of the City had a seizure on Tuesday and is currently hospitalised.
“I was able to speak to the doctor and they are keeping him until Thursday. I will update my colleagues about the progress,” he said.
Judge Sharmaine Balton said the case could not continue. She asked advocate Sicelo Zungu if his payment issues had been resolved.
“I can confirm, my lady, that my issue with accused six (Nojiyeza) has been resolved,” Zungu stated.
On Monday Balton had warned Nojiyeza that if he was not sorting out his fees, he would have to represent himself.