State warned to present full discovery or Zandile Gumede case may be thrown out
This means that the State will be expected to table the indictment, its forensic audit report, police dockets and all annexures relating to the matter at the next appearance in March.
DURBAN - The case against former eThekwini mayor, Zandile Gumede, and 17 others has been postponed to 23 March next year.
Gumede and her several co-accused face corruption, fraud and racketeering charges linked to a waste collection tender amounting to R430 million.
The postponement was granted after the State requested more time to process a forensic audit report and to allow pre-trial discussions between the State and the defence.
The State initially requested that the case against Gumede and her co-accused be postponed until May next year.
One of Gumedes co-accused is eThekwini City Manager and his wife, Cynthia. Gumedes lawyer Adv. Jay Naicker has told EWN that hell ask for the matter to be struck off the roll if the State asks for another postponement. @NkoRaphael pic.twitter.com/8Kpyhh9vW1EWN Reporter (@ewnreporter) December 10, 2020
However, this was vehemently opposed by the defence, which argued that this was unreasonable given that most of the accused had faced charges for close to two years.
Gumede’s lawyer, Jay Naidoo, told the court that the delays were having a negative impact on her career as a politician.
Following heated exchanges between the State and the defence, Magistrate Dawn Somaroo ruled that the State must make full discovery to the defence on the next court appearance in March.
This means that the State will be expected to table the indictment, its forensic audit report, police dockets and all annexures relating to the matter.
Somaroo said that if the State failed to comply, the matter could be struck off the roll.