Nzuza challenges use of cell phone evidence in corruption trial
The attorney of the former city manager of eThekwini, Sipho Nzuza, has objected to the state’s intention to lead evidence allegedly taken from his cell phone in his corruption trial in the Durban High Court.
Nzuza, former eThekwini Mayor Zandile Gumede and 20 others are accused of corruption and fraud related to a R300 million Durban Solid Waste tender.
There is a trial-within-a-trial on the admissibility of the evidence as Nzuza’s attorney claims it was taken without a warrant and consent.
Sipho Nzuza’s lawyer, Advocate Griffiths Madonsela, is cross-examining the police officer who seized his cell phone after he handed himself over at Durban Central Police Station in 2020.
The officer, who cannot be named, told the court that when he realised Nzuza had his cell phone with him in his holding cell he immediately asked him to hand it over.
The court heard the officer applied Section 22 of the Criminal Procedure Act, that allows a seizure without a warrant.
Nzuza allegedly handed over the device freely and there was apparently no objection from his attorney when, according the officer, she was later informed about the seizure.
But Advocate Madonsela told the court on Tuesday his client's former lawyer has denied this version of events, claiming that she only learnt about the phone at court just before bail proceedings could begin.
Madonsela also handed up what he described as a copy of the attorney’s diary with time stamps of when she was notified of the seizure.
When Madonsela questioned the officer on why the phone was not taken in the presence of Nzuza’s attorney, the officer replied that he had to act quickly once he realised Nzuza still had his mobile phone on him in the cell.
Find us on social media
Follow the ECR Newswatch WhatsApp channel here
MORE ON ECR:
