KZN ANC backs decision to keep graft-accused Zandile Gumede in provincial legislature

The ANC in KwaZulu-Natal has blamed the justice system, political abuse of state organs and an inability by its national structure to provide clear guidelines on how to deal with a growing cohort of criminally charged individuals for its decision to allow Zandile Gumede to remain in her provincial legislature post.

Gumede, who is facing graft charges for her alleged role in a R430-million tender racket involving Durban Solid Waste (DSW) collection contracts in the eThekwini metro when she was mayor, was earlier this week given an all-clear by the governing party’s provincial integrity commission to return to duties in the legislature after having taken a leave of absence in August so that her matter could be heard by commissioners. 

Provincial secretary Mdumiseni Ntuli voiced strong support for the decision at a press conference on Thursday as he reported decisions taken at the party’s latest PEC sitting. 

“It is completely unacceptable that you arrest a person, even if that person is not a comrade, a leader of the movement or any party, you arrest them and almost two years down the line you are still saying ‘I want to investigate before I can charge you’. That is a failure of the state and that is the issue the PEC is raising,” said Ntuli.

Gumede was arrested and appeared before the Durban Magistrates’ Court for the first time in May 2019. Since then, the matter has been continuously postponed, with the next date set for 23 March.

Ntuli correctly said that no indictment had yet been served on Gumede or any of her co-accused. 

He said Gumede told the commission that the sooner she and her fellow accused received their indictments, the better they would be able to account. Gumede has continued to plead ignorance about the charges, although a detailed affidavit by the lead investigator outlines her alleged criminal activities and those of her co-accused. 

“The integrity commission said at this point in time there is no basis that this comrade must be recalled or step aside. The commission knows they are dealing with a matter that can evolve and is dynamic,” said Ntuli. 

Postponing Gumede’s removal from positions of authority now could prove to be problematic. The eThekwini ANC elective conference, and nearly every other regional conference in the province, is expected to take place before the end of April after being postponed in 2019 due to Covid-19. 

Gumede still enjoys considerable support in the city among ANC members and will likely campaign to be the ANC regional chairperson for a second term. This will give her a legitimate claim to the eThekwini mayoral seat yet again.

Ntuli continued on Thursday: “We are not necessarily only blaming law enforcement agencies, but they too have to shoulder some blame. The KwaZulu-Natal integrity commission is not concerned about whether charges are valid or not valid, but its own determination cannot be independent of that analysis. Comrades are saying they go to court and the matter is postponed. There are some people, including some in the ANC, that say state organs are being manipulated and used to advance political agendas.”

Gumede is facing charges of fraud, fraud by omission, corruption, contravention of the Municipal Financial Management Act, contravention of the Prevention and Combating of Corrupt Activities Act, contravention of the Organised Crime Act and contravention of the Local Government Municipal Act.

According to Ntuli, the only time a member should be forced to step down is when there is a smoking gun and a deluge of witnesses, and even then it should be asked how that action affects the image of the party.