High Court Blocks Dual Legal Representation In Zandile Gumede’s R320 Million Fraud Trial

The Durban High Court has ruled that a conflict of interest would arise if the same legal team represented both former eThekwini mayor Zandile Gumede and co-accused, former municipal supply chain official Sandile Ngcobo, in the high-profile R320 million Durban Solid Waste (DSW) tender fraud matter.

The State successfully argued that the defence strategy for the two accused could not be handled by one legal representative without risking fairness in the ongoing proceedings.

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The issue surfaced after Ngcobo’s mandate with advocate Jimmy Howse SC and attorney Ivette Calitz from Calitz Crockart & Associates Inc. was terminated earlier this week, leaving him without legal representation.

Ngcobo then indicated to the court that he wanted advocate Jay Naidoo SC—currently representing Gumede and several others—to take over his defence.

Conflict of Interest Concerns in Major DSW Tender Fraud Trial

Judge Sharmaine Balton found that a “potential for the conflict of interest exists,” particularly because Naidoo SC already acts for former Cleansing and Solid Waste deputy head Allan Robert Abbu, who is also accused in the case.

The State said the risk lies in the alleged involvement of both Abbu and Ngcobo in directing an enterprise accused of manipulating the DSW tender process to secure lucrative contracts for preferred service providers.

Prosecutor advocate Reshma Athmaram insisted that the National Prosecuting Authority had a duty to raise fairness concerns, “The NPA’s code of conduct calls for the prosecution to raise issues of conflicts of interest and issues of a fair trial.” She pointed to conflicting elements in the evidence already before the court.

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Naidoo SC disputed the State’s position, arguing that no conflicting versions had emerged throughout the trial. “Not anywhere in the record that Howse and I cross-examined in a manner where Abbu distanced himself from Ngcobo.

“There are no conflicting versions between Abbu and Ngcobo,” he said. He emphasised that if a conflict existed, it would have surfaced long ago. Attorney Calitz similarly confirmed that no conflict had arisen during their collaboration with Naidoo.

Judge Balton Outlines Options as Ngcobo Chooses to Represent Himself

Delivering her ruling, Judge Balton said she would provide detailed reasons when handing down judgment in the broader trial. She also warned Ngcobo of the implications of representing himself, although he said he might consult Howse if needed.

The judge reminded him that Howse can only appear if instructed by an attorney and cautioned that any newly appointed attorney cannot request delays to familiarise themselves with the case.

Judge Balton noted that Ngcobo would not be prejudiced in the coming week, as proceedings will focus on a trial-within-a-trial concerning the seizure of former municipal manager Sipho Nzuza’s cellphone.

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