The legal team of former eThekwini city manager, Sipho Nzuza, has highlighted inconsistencies in the evidence of police officers who seized his cellphone when he was arrested for corruption.
The defence on Monday pointed inconsistencies in the testimony of Hawks police officers regarding the seizure of former eThekwini city manager Sipho Nzuza's cellphone on the day of his arrest for corruption related to the R320 million Durban Solid Waste (DSW) tender.
This dispute has led to a trial-within-a-trial, as the State intends to use the evidence obtained from Nzuza's phone. The defence is challenging the legality of the seizure, claiming the phone was taken under false pretences and questioning why the Hawks did not obtain a search and seizure warrant when applying for Nzuza’s warrant of arrest.
Nzuza is among 21 defendants, including former eThekwini mayor Zandile Gumede , who face charges of corruption, fraud, money laundering, and racketeering relating to the DSW tender.
Central to the dispute are conflicting accounts from a retired Lieutenant Colonel (who cannot be named) and Captain Obed Lukhele, who both claim Nzuza voluntarily surrendered his phone after being informed it would be taken to Digital Forensic Investigations (DFI) for mirror imaging and downloading.
