In a notable development during the ongoing R300 million Durban Solid Waste (DSW) tender fraud trial, one of former eThekwini mayor Zandile Gumede’s co-accused, Zithulele Mkhize, appeared virtually from his bed, dressed in a white gown. This unconventional appearance drew criticism from Judge Sharmaine Balton, who questioned Mkhize’s commitment to the proceedings.
Mkhize, the 13th accused and sole director of Uzuzinekele Trading 31 CC, has been attending the trial virtually since June 2024, citing medical reasons that purportedly prevent him from sitting for extended periods. However, the State highlighted that a recent medical examination at Addington Hospital did not explicitly state that Mkhize was unfit to attend court in person. Furthermore, it was noted that Mkhize frequently drives, suggesting a level of mobility inconsistent with his claims.
During Wednesday’s session, Judge Balton observed Mkhize sitting comfortably and engaging in other activities while muted, indicating a lack of full attention to the court proceedings. She remarked that Mkhize did not appear to be in a condition that warranted virtual attendance and suggested that he could attend court physically, bringing a comfortable chair if necessary. Consequently, the judge ordered Mkhize to appear in person until a formal application for continued virtual attendance is submitted and approved.
The trial, which has been ongoing since August 2023, involves multiple charges against Gumede and her co-accused, including money laundering, racketeering, corruption, and contraventions of the Municipal Finance Management Act and the Municipal Systems Act. The case centers on allegations of irregularities in the awarding of a R300 million waste management tender during Gumede’s tenure as mayor.
The proceedings continue to draw significant public interest, with the court emphasizing the importance of maintaining decorum and full participation from all involved parties.
