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The KwaZulu-Natal High Court has been the arena of rigorous legal proceedings, as the trial of former eThekwini mayor Zandile Gumede resumed. Gumede, along with 21 associates, faces serious allegations of racketeering, fraud, corruption, and money-laundering in connection to a R320 million Durban solid waste removal contract. The gravity of the matter has demanded an extensive judicial investigation, scheduled to extend over four weeks in the current session before resuming in May and continuing into the year 2024.
The court has currently prohibited the media from identifying municipal employees who are providing witness testimony. This measure aims to protect the integrity of the proceedings and safeguard those involved from potential intimidation or external pressures. The testimonies during the resumed hearing have brought to light inconsistencies in disclosure practices within the municipality.
A senior official, commanding the municipal unit responsible for consolidating gift records and interest declarations, gave notable evidence regarding the compliance with the Municipal Systems Act and the supply chain management policy. As per the regulations, municipal workers are required to disclose all gifts, with those valued under R350 being acceptable to retain without external authorization. The importance of full disclosure extends to financial interests, including shareholdings, property, and directorships, to deterrent conflicts of interest within the municipality.
During cross-examination, the official singled out instances where the practices were not adhered to with necessary rigor. Former municipal manager Sipho Nzuza, third on the accused list, was highlighted for only making a handful of declarations, including a misreported "Morocco study trip" entered as costing a mere R1 due to a technical default. Additionally, Robert Abbu, ex-head of special projects, and senior municipal official Sandile Ngcobo, presented strikingly scant disclosures.
Another witness dissected personal interest disclosures from Gumede and her fellow councillors, with many entries paradoxically suggesting no interests at all. The courtroom, in anticipation, awaits additional witnesses who can substantiate these records, which remain crucial yet contested pieces of evidence. Notably, the state's approach seems geared towards exposing the disparity between the official declarations and the reality of the assets and gifts received by the accused.
The Gumede case is a high-tension epicenter for the radical economic transformation (RET) agenda within the ANC. The allegations suggest that Gumede, billed as the key orchestrator, led an enterprise involving high-ranking officials and ANC councillors. This network purportedly skewed the awarding of lucrative contracts to specific companies, perpetrating a system of kickbacks and patronage linking community contractors, business forums, and an RET faction involving the Umkhonto we Sizwe Veterans’ Association.
The trial has riveted public interest, with its outcome having far-reaching implications for governance and anti-corruption efforts in South Africa. Such a case not only brings the accused to account but also eloquently speaks to the integrity of systems of power and the accountability of those in public service.