The State's failure to produce a key witness in the corruption case against former eThekwini mayor Zandile Gumede and the 21 other accused suspects, highlights the dire need for witness protection in South Africa, according to Professor Mary de Haas.
De Haas spoke to IOL on Monday regarding the ongoing case against Gumede and the 21 co-accused and she said she feared for the lives of witnesses, as there is “very little done to protect them”.
The case against former eThekwini Municipality Zandile Gumede and 21 co-accused, including former City manager Sipho Nzuza, was postponed on Monday after a State witness failed to appear in the Durban High Court, local media reported.
The former mayor and her co-accused are charged with fraud, money laundering and racketeering stemming from a Durban Solid Waste tender worth around R320 million.
They have denied all charges. Gumede is being represented by Advocate Jay Naidoo.
On Monday, news outlet eNews reported that the prosecution failed to produce its witness and said that a shooting took place at her home over the weekend.
“From my work, I understand that witnesses need protection. I’ve come across instances where police even know that a witness is being threatened, but sometimes they still get shot and killed.
“They (witnesses) are highly vulnerable. Even more so in the province of KwaZulu-Natal. We know that some areas are not policed well and there is no police station for kilometres. Witnesses who live here are not safe.
“I believe something needs to be done to ensure the protection of witnesses, but this comes with a whole list of problems. Because even after a case is finished and judgment is passed, the witnesses are still hunted down,” De Haas said.
Ironically, on Monday, the Department of Justice and Constitutional Development posted an invitation online, calling for public comments on the proposed reforms for whistle-blower protection regimes in South Africa.
“The Department of Justice and Constitutional Development invites interested parties to submit written comments on the Discussion document on proposed reforms for the whistle-blower protection regime in South Africa (discussion paper),” the DoJ and CD said.
Last Tuesday, advocate Naidoo cross examined a State witness on how they acquired some of the documents which the State is using in their case against Gumede.
He asked how the Integrity Forensic Solutions (IFS) had come by documents while it was investigating tender irregularities in the municipality.
IFS is an external company that was appointed by City Integrity and Investigations Unit (CIIU).
After his cross examination, Naidoo asked that the case be dismissed because the CIIU had unlawfully appointed IFS to investigate the matter.
IOL