The trial within a trial of former eThekwini city manager Sipho Nzuza has revealed contradictions in the evidence given by his attorney regarding the seizure of his cellphone. Court records show that the attorney's handwritten notes, made on March 10, 2020, were used as evidence in the trial. However, these notes have been disputed by State advocate Reshma Athmaram, who produced court rolls and charge sheets that contradict the attorney's testimony.
The case involves former eThekwini mayor Zandile Gumede and 21 co-accused in the R320 million Durban Solid Waste tender fraud case. Nzuza's attorney had testified that Magistrate Dawn Sumaroo had entered Court S and moved Nzuza's bail application to Court T, citing that she could not hear it due to presiding over pre-trial conferences of his co-accused. However, court rolls showed that Magistrate G Davis had presided on both days, not Sumaroo.
Athmaram presented additional evidence, including charge sheets from a separate case heard in Court S on March 9, bearing a notation that Sumaroo was ill. A sick-leave certificate covering March 9 and 10, filed the following day, was also presented to the court. This evidence contradicted the attorney's testimony, leading her to concede that her evidence regarding Magistrate Sumaroo was incorrect.
Hawks officers who previously testified about the cellphone seizure stated that Nzuza had been informed that the device was being taken for data extraction. They claimed that there had been insufficient time to obtain a warrant and that the phone had been seized under urgent circumstances. The trial within a trial will continue to determine whether the police lawfully seized Nzuza's cellphone.
The main proceedings of the R320 million Durban Solid Waste tender fraud case have been put on hold pending the outcome of the trial within a trial. The case involves Zandile Gumede and 21 co-accused, with the main proceedings set to resume on December 4. The trial within a trial will determine the admissibility of evidence obtained from Nzuza's cellphone.
Nzuza maintains that police took his phone without a warrant when he was arrested, telling him it would be kept safe. His attorney had previously testified using handwritten notes made on March 10, 2020, the day he handed himself over at Durban Central Police Station. However, these notes have been disputed by the State, leading to a re-evaluation of the evidence.
The trial within a trial is set to continue on Tuesday, with the court expected to make a determination on the lawfulness of the cellphone seizure. The outcome of this trial will have significant implications for the main proceedings of the R320 million Durban Solid Waste tender fraud case.
Key points
- Court records contradict attorney's evidence in Sipho Nzuza's trial over cellphone seizure.
- Magistrate Dawn Sumaroo's availability on March 10, 2020, disputed by court rolls and sick-leave certificate.
- Hawks officers claim cellphone was seized under urgent circumstances without a warrant.
