Durban – Following numerous warnings against the use of cellphones in her courtroom during the trial of former eThekwini mayor Zandile Gumede, Judge Sharmaine Balton on Monday ordered that a member from the public gallery leave her courtroom, for the rest of the trial.
At the start of the court proceeding at the Durban High Court, when State witness Mbuso Ngcobo continued giving evidence under cross-examination, a phone from one of Gumede’s supporters rang, prompting the judge to warn against the use of phones.
Judge Balton expressed her disappointment with the use of the phones, appealing for everyone to comply with court rules that state that phones should be switched off when inside the courtroom.
“Everyone is complying. Why can’t you?”
There was no response and the defence continued with the Ngcobo’s cross-examination. The final straw for the judge came when a phone rang for the second time from the public gallery before the lunch break.
“Please don’t come back to my court at all for the rest of the trial,” she said. She further called on court security to make sure that the person was not allowed back in the courtroom.
Outside the court the member, who is one of Gumede’s supporters, lamented to her friends about the difficulty of using a smartphone.
“It is these smartphones that kids use. I did not know how to operate that thing."