The Durban High Court has heard that a State witness from the Digital Forensic Investigations (DFI) unit is unable to confirm the specific timing of the seizure of former eThekwini city manager Sipho Nzuza’s cellphone, which occurred during his March 10, 2020 arrest by the Hawks.
Nzuza was arrested for corruption, money laundering, and racketeering related to the R320 million Durban Solid Waste tender. He is charged alongside former eThekwini mayor Zandile Gumede and 20 others.
Doubts Over Cellphone Seizure
The witness, an administrative clerk at DFI whose identity is protected, explained that she utilised a forensic machine to extract data from the device. She further said she used her Cellebrite UFED licence when doing the job, adding that the software was licensed by the South African Police Service at that time.
According to the South African Police Service, the extraction application, submitted to DFI by Captain Obed Lukhele, indicated that the cellphone had been confiscated at 07:30 on March 10, 2020. However, the witness maintained that she was unable to verify the time of the seizure because analysts typically have no direct communication with investigating officers.
Discrepancies in Testimony
During cross-examination by advocate Griffiths Madonsela SC, the witness refuted claims made by Captain Lukhele, asserting that she had no interaction with him despite his earlier testimony that they had met while he was delivering the device to DFI.
The following are some key points from the witness’s testimony:
- The extraction took the whole day due to the amount of data and the make of Nzuza’s cellphone, which was an iPhone.
- An active extraction cannot be halted unless one unplugs the equipment, which she described as brute force, or is presented with a court order requiring the process to stop.
- The witness was absent during the completion of the application, pointing out that a receptionist managed interactions with investigating officers and the receipt of exhibits.
The proceedings did not continue on Thursday morning as scheduled. Judge Rithy Singh announced that the presiding officer in the matter, Judge Sharmaine Balton, was unwell. The case has been postponed to Friday, when a Hawks police officer is expected to take the stand.
