Zandile Gumede trial: Judge launches probe into alleged media ...

18 Jul 2023

Zandile Gumede is currently standing trial, alongside 21 others, for a 2016 Durban solid waste tender amounting to R320 million.

Zandile Gumede is currently standing trial, alongside 21 others, for a 2016 Durban solid waste tender amounting to R320 million.

Darren Stewart, Gallo Images

The judge in the Zandile Gumede case lambasted an unknown media house for taking video of the trial. Judge Sharmaine Balton had ruled that there would be a ban on visuals during proceedings. She said it was to protect witnesses in the corruption, racketeering and fraud matter.

The judge in the Zandile Gumede corruption trial launched an investigation into a media house which allegedly breached a ruling against visuals during court proceedings.

Judge Sharmaine Balton commenced the day's proceedings on Tuesday by lambasting the media house in the public gallery regarding visuals that were purportedly leaked during Monday's court sitting.

Balton previously ruled that audio would be recorded for the entire trial, but no visuals could be taken while the court was in session.

She said it was to protect witnesses. She said the offending news agency appeared to be an Afrikaans-speaking channel.

READ | Zandile Gumede corruption trial: Judge wants witnesses protected, shielded from 'scrutiny'

"This court has taken means and measures to protect witnesses and I will not tolerate what has happened," an angry Balton said.

She added that a full investigation would be launched to ascertain what occurred during Monday's proceedings.

She said:

Thus, we will be launching an investigation into the news station that did this. They will have to answer where they got the recording from.

Balton said the video appeared to be cellphone footage - and she threatened to ban all phones during the trial.

"I will issue a total ban on cellphones if people don't stop breaching court rulings."

In March, Balton took a hardline approach due to several instances of cellphone use and noise from the public gallery.

As far back as August 2022, Balton made it clear that she wanted to protect key witnesses in the case.

She had stated the court didn't want witnesses subjected to public and television scrutiny "because we know people's lives have been threatened".

At the time, Balton cautioned print and online media to protect witnesses.

Initially, there was a blanket ban preventing media from taking photographs or filming proceedings during the corruption trial.

That ban was set aside after the SA National Editors' Forum (Sanef) successfully challenged it in court.

Sanef challenged the ban in an urgent application, asking for Balton's decision to be rescinded.

In a founding affidavit, Sanef's executive director, Reggy Moalusi, said the organisation viewed the decision as unconstitutional.

In the case, the State is alleging that Gumede worked with former councillor Mondli Mthembu, former City manager Sipho Nzuza, the deputy head of Durban Solid Waste (DSW), Robert Abbu, and the deputy head of supply chain management, Sandile Ngcobo, in concert as the main role-players in corruption and racketeering.

They were the main individuals who acted as primary persons in an enterprise that conspired to rig DSW contracts to favour their preferred contractors and sub-contractors. 

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