The former mayor of eThekwini Municipality, Zandile Gumede, said she is using her pension to pay for legal fees because she no longer has enough money to cover the costs.

Gumede is currently on trial with 21 others for money laundering, racketeering, and fraud in connection with an R300 million Durban Solid Waste tender.

The first session for 2025 was supposed to start on Monday at the Durban High Court but the matter was postponed to Wednesday due to former eThekwini councilor Mthokozisi Nojiyeza failing to pay his legal fees to advocate Sicelo Zungu. In November 2023 Nojiyeza dumped advocate Jay Naidoo as his counsel and hired Zungu. Naidoo is counsel for Gumede.

Zungu acknowledged to the Durban High Court that there was an issue with legal fees and said the Nojiyeza family had assured him that this would be resolved on Tuesday evening.

Presiding officer, Judge Sharmain Balton warned Nojiyeza that if he was not sorting out his fees, he would have to represent himself.

Gumede who sat outside the courtroom looking defeated after the case was postponed, saying they were all facing financial hardship as the case has dragged on for seven years.

“One of us (the accused) is having financial constraints but it is a problem that we are all facing. Mine is worse because the other portion of my pension was deposited to Ithala Bank and I am unable to access it,” she said.

She said this case was draining her and justice was not served. “Healthwise, I am not well. I am unable to sleep due to stress,” Gumede added.

Bhekokwakhe Welcome Phewa, the eighth accused in the matter, said he would also end up using his pension to pay for his legal fees as he was running out of funds. “We would be left with nothing,” he said.

According to the State R198,514,42 was paid from Ilanga LaMahlase Pty (LTD) to Gumede, and R80,000 was paid to accused seven Sduduzo Khuzwayo and Phewa.

Ilanga LaMahlase Pty (LTD) is one of the companies that are alleged to have benefited from the R300 million DSW tender.

Former City manager Sipho Nzuza said the numerous postponements in the case were costly to everyone. He said the challenge was not just about paying legal fees but also about being unemployed.

“I’m not working, I can’t be doing anything. It becomes difficult to even go out and look for work because you have this cloud over your head with people saying you still have this case and you need to clear it up,” he explained.

nomonde.zondi@inl.co.za