KEY POINTS
- Three co-accused in the Zandile Gumede trial struggle with legal fees.
- A conflict of interest prevents Jay Naidoo from taking over their defense.
- A key application is delayed due to an accused’s hospitalization.
Money troubles have hit three co-accused in the high-profile corruption case involving former eThekwini mayor Zandile Gumede.
The accused—Hlenga Sibisi, Mzwandile Dludla, and ILanga la Mahlase Pty Ltd—are facing a serious legal battle but have found themselves unable to afford top Durban advocate Paul Jorgensen’s legal fees.
As a result, they have been advised to secure new representation before the trial resumes in May.
The charges, which include conspiracy to commit corruption, fraud, money laundering, and racketeering, stem from a controversial R300 million ($16.3 million) Durban Solid Waste tender.
The case has been ongoing, with the Durban High Court warning that failure to find new legal counsel could result in further delays.
Judge Sharmaine Balton, presiding over the matter, made it clear that the accused need to act swiftly to ensure the trial stays on track.
Conflict of interest complicates legal transitions
The situation has been further complicated by a dispute over representation.
The trio initially sought to replace Jorgensen with advocate Jay Naidoo, who is already defending some of the other accused, including Gumede.
However, state prosecutor Reshma Athmaram objected, citing a potential conflict of interest.
Naidoo argued that he did not see any conflict, stating that he had been approached to take over the case and was within his rights to do so.
However, Judge Balton firmly overruled this, emphasizing that the integrity of the case must be maintained.
She stated that allowing Naidoo to represent both groups of accused could lead to legal complications. This could also introduce potential bias into the proceedings.
This ruling means that the three accused will need to find another advocate before the next session in May.
If they fail to do so, the trial could face further setbacks, putting them in a precarious legal position.
Hospitalization delays critical application in corruption case
Adding to the courtroom drama, Naidoo’s key application has been postponed. This application challenged the allegedly unlawful appointment of Integrity Forensic Solutions (IFS), the firm that investigated the Durban Solid Waste tender.
Naidoo planned to challenge the legitimacy of IFS’s role in the investigation. He argued that certain documents, including a whistleblower’s report, suggest the company’s appointment was illegal.
However, the hearing was put on hold because one of the co-accused, Mondli Michael Mthembu, remains hospitalized after suffering a seizure.
Last week, the court postponed proceedings as Mthembu’s health condition required immediate attention.
Naidoo assured the court that Mthembu is responding well to treatment and requested an adjournment until Wednesday.
Judge Balton, however, expressed concerns about further delays, questioning whether Mthembu would be fit to appear in court by then.
The court remains cautious, aiming to prevent unnecessary postponements that could drive up legal costs and prolong the trial.
The case stands as evidence about how legal battles create extreme financial hardships on all parties involved. Such circumstances become especially relevant in major corruption cases.
As legal hurdles mount, the accused must navigate both financial constraints and judicial scrutiny. They need to ensure adequate representation before the trial resumes.
