Gumede off the hook for now as court clears her of bail conditions breach

2019-10-11 16:14
Former eThekwini mayor Zandile Gumede. (Jabulani Langa, Gallo Images, Daily Sun, file)

Former eThekwini mayor Zandile Gumede. (Jabulani Langa, Gallo Images, Daily Sun, file)

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Former eThekwini mayor Zandile Gumede is off the hook, for now.

On Friday, the Durban Specialised Commercial Crimes Court found that Gumede did not deliberately violate her R50 000 bail conditions relating to a tender corruption case.

The Asset Forfeiture Unit and Hawks swooped on Gumede and co-accused's residences on Thursday and seized some of their property. They found Gumede was not at her listed residence.

The court heard it was not Gumede's fault that the investigating officer did not receive her sworn affidavit about her change of address.

A sworn affidavit, dated October 10, was read out in court, where Gumede explained she was now living at her Amaoti residence in Inanda after her lease expired in Umhlanga, where she was renting a property.

The State did not dispute that she had complied with her bail conditions, but argued it did not receive Gumede's correspondence about her change of address.

The court heard she had communicated with her attorney, Bulelani Mazomba, via the sworn affidavit but he failed to follow up with the investigating officer.

Mazomba confirmed in court that he was to blame for the miscommunication.

"You have not complied with your bail conditions but it wasn't your fault," said Magistrate Dawn Somaroo.

She warned Gumede: "Make sure you do a follow up in future so that the State is aware."

Advocate Jay Naidoo, for Gumede, said earlier that her son lives at a third address in Phoenix, and that she sometimes visits there.

The Phoenix address was also listed as one of Gumede's addresses when she applied for bail.

Her permanent address is Amaoti in Inanda.

Gumede's bail has been extended until January 15, 2020, when she is expected back in court.

Gumede, councillor Mondli Mthembu and others are accused of colluding with corporate entities and others to circumvent the outcome of the supply chain management protocols of the municipality relating to a Durban Solid Waste tender worth more than R200m.

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