FORMER eThekwini mayor Zandile Gumede should be removed from the fraud and corruption case and the state must take action against the individuals involved.
This is according to Gumede's spokesman Siphelele Jiyane.
Gumede and 21 others including the former city manager, Sipho Nzuza, are facing charges including conspiracy to commit corruption, corruption, fraud, money laundering, racketeering, contravention of the Municipal Finance Management Act, and of the Municipal Systems Act, in relation to a R300 million Durban Solid Waste (DSW) contract.
They all appeared in the Durban High Court on Monday, 22 January.
The state witness, a retired head of DSW, concluded his testimony in court on Monday.
State prosecutor Ashika Lucken cross-examined him again after the defence team finished their cross-examination.
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Lucken asked the witness if he was responsible for the chaos caused by the EPWP workers, as the defence had suggested in their cross-examination. The witness said he was not responsible.
Lucken took some newspaper articles reporting on the EPWP protest.
He then asked the witness what was done to resolve the chaos. The witness said that the reason for the protest was that the EPWP workers had demanded employment with the municipality.
"To solve the problem, some workers were hired while others were left out. And these have not been hired till date," he said.
However, Lucken ended her cross-examination and the retired head of DSW finished his testimony.
Meanwhile, outside court, Gumede's spokesman Jiyane said none of the state's key witnesses had so far mentioned Gumede during their cross-examination, so the court should take them out of the matter and proceed with those who were mentioned.
He said the retired head of DSW had been asked repeatedly if there was anything linking Gumede to the matter and he had said nothing.
"In the next sitting, we expect the court to remove Zandile Gumede from the case. We expect the truth to come out and justice to prevail," he said.
Judge Sharmaine Balton remanded the matter to Monday, 26 February for further evidence.