Court Warns State to Prepare for Virtual Testimony in High-Profile Gumede Trial

In an ongoing case that has gripped the nation, former eThekwini mayor Zandile Gumede, along with 17 individuals and four companies, stands accused in a mammoth R320 million tender fraud and corruption trial. The case, currently unfolding at the Durban High Court, has taken a significant turn as the State prepares to make an unprecedented application to allow certain witnesses to testify virtually—an effort to navigate the hurdles posed by reluctant witnesses.

The elaborate list of charges, including conspiracy to commit corruption, fraud, money laundering, and racketeering, not to mention violations of the Municipal Finance Management Act and the Municipal Systems Act, highlights the gravity and complexity of the proceedings. Judge Sharmaine Balton, presiding over the case, has cautioned that any move to introduce virtual depositions will hinge on the State's ability to arrange a suitable venue replete with the necessary technology.

Judge Balton, addressing the State prosecutor Hazel Siraramen, underscored the logistical challenges and stipulated that the court must not proceed on the assumption of virtual testimonies without the proper framework already in place. The issue of recording testimonies and ensuring a fair process with defense teams' access was also raised, emphasizing the need for meticulous preparations to preserve the integrity of the evidence and the trial process.

Siraramen's indication that the State was working to resolve the technical requirements—after revealing that an alternate regional court possessed such capabilities—revealed a proactive approach to meeting the court's demands. However, concerns remain from Judge Balton, particularly regarding the available space and the management of the large defense teams, a critical element for this high-profile case.

The trial's current session, only three weeks long, adds pressure to resolve these matters swiftly, with Judge Balton insisting that the application must fall within this constrained timeframe. Moreover, the judge clarified that the procedure for this application would not be open to public scrutiny.

On the ground, the tension is palpable as the case moves forward. A senior employee from Water and Sanitation's contracts and materials unit was the latest to give testimony. Their evidence centered on the handling of refuse collection tenders—a focal point of the alleged wrongdoings.

An adjournment by the State reveals strategic legal plays are afoot, with the possibility of the defense accepting certain admissions, potentially negating the need for additional witnesses. As this legal drama unfolds, eyes remain fixated on the Durban High Court, where decisions made will have long-lasting implications on the justice system's ability to adapt to new technologies and witness concerns while ensuring that due process is upheld.