The Durban High Court has heard how the cellphone of former eThekwini city manager Sipho Nzuza was seized.
Image: Doctor Ngcobo / Independent Newspapers
The lead investigating officer in the R320 million Durban Solid Waste (DSW) tender fraud case has testified that when they arrested former eThekwini Municipality city manager Sipho Nzuza in 2020, they did not want to cause drama, hence he was asked to present himself at the police station.
On Friday morning at the Durban High Court, the retired Colonel began providing testimony concerning the seizure of Nzuza’s cellphone on March 10, 2020, the date of his arrest.
The court is currently holding a trial-within-a-trial to determine the admissibility of the evidence obtained from Nzuza’s cellphone. This is due to a dispute between the State and the defence over whether the data extracted from the device is admissible as evidence.
While the defence maintains that the former city manager did not consent to the seizure and subsequent mirror imaging of his device by Digital Forensic Investigations, the State contends that the handover to Captain Obed Lukhele was claimed to be voluntary.
Furthermore, the prosecution asserts that Nzuza’s attorney was aware of the police request and raised no objections at the time. A former police officer previously stated that they used Section 22 of the Criminal Procedure Act to seize the phone.
Police officers who have testified have also told the court that having a cellphone while in the cells is prohibited; therefore, they would have taken Nzuza’s phone even if he refused to give it.
During his testimony, a retired Colonel from the National Clean Audit Task Team detailed the events leading to the arrest. He stated that after informing Nzuza of the warrant of arrest related to the DSW tender fraud on March 9, 2020, they coordinated a meeting for the following day at the Durban Central police station.
According to the Colonel leading the investigation, this cooperative arrangement was reportedly applied to all 22 accused in this matter, including former eThekwini mayor Zandile Gumede.
Although the Colonel oversaw the arrest of Nzuza, he noted that he was only in the general vicinity when Nzuza was being processed and having his fingerprints taken. The Colonel’s testimony was cut short after one of the accused left the courtroom unwell.
“My Lady, the State has been informed that accused 21 (Sithamone Ponnan) is unwell and is leaving the court to go to the doctor,” State advocate Reshma Athmaram said.
Athmaram proposed that Ponnan can attend court proceedings virtually if the doctor books her off sick. She then requested a postponement.
Judge Sharmaine Balton subsequently adjourned the matter until Monday, also noting that scheduled maintenance in the courtroom would prevent the session from continuing past the lunch break.