An orthopaedic specialist who examined one of the accused in the R320 million corruption case involving former eThekwini mayor Zandile Gumede testified in the Durban High Court that he never recommended that the accused, Bhekokwakhe Phewa, was unfit to attend trial. The specialist stated that his receptionist altered a medical letter and used his electronic signature without his knowledge. He explained that he was upset when his receptionist confessed to amending the medical certificate he had prepared in September for Phewa, who was injured after falling from a roof.
The specialist, who cannot be named, said he discovered what had happened after his receptionist confessed and an investigating officer arrived at his practice with a subpoena. He told the court that when Phewa requested the letter, he had not instructed his receptionist on what to write, and he believed she was trying to help. The specialist last examined Phewa on October 27 and said his condition had improved significantly since his initial injuries, which included a fracture to his right ankle.
The specialist's testimony was followed by that of Phewa's general practitioner, who last examined him on November 9. The GP said he first saw Phewa on September 10, the day he fell from the roof, and dressed his wounds, administered an injection, and referred him to hospital. The GP testified that Phewa told him he was experiencing severe pain in his left hip and that he observed Phewa struggling to sit comfortably.
Both doctors told the court that the medication Phewa was taking had drowsiness as a side effect. Judge Sharmaine Balton expressed concern about further delays in the lengthy trial and asked whether there was a practical solution to ensure that Phewa could participate in proceedings. The doctors agreed that the State's proposal for Phewa to follow the proceedings virtually while resting in bed was reasonable.
Judge Balton noted that the 22 accused had already been afforded considerable accommodation to ensure the trial could proceed. She allowed Phewa to bring a comfortable chair to court and postponed the matter to Monday. The judge also noted that network coverage could be a challenge in the area where Phewa lives if he had to participate virtually.
The trial has been lengthy, and Judge Balton warned previously that she would not tolerate further delays. The case involves 22 accused, including former mayor Zandile Gumede, who is facing charges of corruption and fraud related to a R320 million tender. The accused have been afforded several accommodations to ensure the trial can proceed.
The court will reconvene on Monday, with Phewa participating in the proceedings. The judge's decision to allow Phewa to participate virtually while resting in bed aims to balance the need for a fair trial with the need to accommodate Phewa's medical condition. The trial's outcome will have significant implications for those involved, including Gumede and the other accused.
Key points
- The orthopaedic specialist testified that his receptionist altered a medical letter and used his electronic signature without his knowledge.
- The specialist stated that Phewa's condition had improved significantly since his initial injuries.
- The court will reconvene on Monday, with Phewa participating in the proceedings virtually while resting in bed.
