The R320 million DSW tender fraud trial of former eThekwini mayor Zandile Gumede and 21 others lost a day on Tuesday after one of the accused Mzwandile Dludla failed to appear due to illness.

• Former eThekwini mayor Zandile Gumede and 21 co-accused face a R320 million trial for waste tender fraud.
• Proceedings were halted after an accused fell ill, and another was granted leave for a cultural cleansing.
• The State vehemently opposed the postponement requests, citing a lack of corroborating expert evidence.

The R320 million Durban Solid Waste fraud trial involving former eThekwini mayor Zandile Gumede has been halted by illness and a traditional cleansing ritual, causing delays in the trial that has entered its sixth year.

The KwaZulu-Natal High Court in Durban could not proceed on Tuesday after the accused, Mzwandile Dludla, failed to appear due to illness. The matter was postponed to Wednesday, but further interruptions loom large. The court will sit for only half a day on Thursday and will lose a full day on Friday.

These latest delays come after Judge Sharmaine Balton explicitly warned legal teams on 18 May that only “a matter of life and death” would be accepted as grounds for future postponements.

On Tuesday, State advocate Reshma Athmaram raised serious concerns regarding Dludla’s absence, noting that a submitted medical certificate stated he was unfit but failed to comply with the Health Professions Council of South Africa’s guidelines.

Athmaram argued:

Dludla’s counsel, advocate Paul Jorgensen, validated the timeline, stating his client was booked off until Tuesday but expected back on Wednesday.

The delay left Balton visibly frustrated.

“The medical certificate bundle in this matter, it seems, will be bigger than the evidence bundle,” Balton remarked.

Before Dludla’s illness halted the trial, the court considered an application by another accused, Khoboso Dlomo. She and her husband, Bongani Dlomo, represent Omphile Thabang Projects, one of the companies at the centre of the alleged tender scam.

Khoboso requested permission to leave court early on Thursday to travel 600km to Viljoenskroon in the Free State for a Basotho cleansing ritual following her mother’s death.

In her affidavit, Khoboso explained the cultural significance of the event:

She added that driving through the night after a full day of court posed a significant safety risk at her age.

The State was unmoved by the emotional plea.

Athmaram contested virtually every aspect of the application, arguing that it lacked objective evidence. The State highlighted that Khoboso produced no confirmatory affidavit from a cultural leader nor an expert report confirming that Basotho tradition required these specific dates.

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However, Khoboso’s counsel, advocate Graham Kerr-Phillips, did not even need to reply.

Balton noted that this was not the first time tragedy had struck the legal teams, observing that others, including herself, had suffered losses during the lengthy trial.

Balton subsequently granted the application, ruling that the court would adjourn early on Thursday and remain closed on Friday to allow the Dlomos to travel.