The lawyers of former eThekwini city manager, Sipho Nzuza, are currently challenging the seizure of his cellphone by Hawks members during his arrest for fraud.
Image: Doctor Ngcobo / Independent Newspapers
Testifying in the Durban High Court on Wednesday, a State witness from Digital Forensic Investigations (DFI) unit said she could not 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.
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.
The extraction application, submitted to DFI by Captain Obed Lukhele, indicated that the cellphone had been confiscated at 07:30 on March 10, 2020.
During cross-examination by advocate Griffiths Madonsela SC, the witness maintained that she was unable to verify the time of the seizure because analysts typically have no direct communication with investigating officers.
“I only read the date and time recorded on the paperwork,” she stated, noting she was not present when the exhibit arrived or when the initial documents were drafted.
She further clarified that she was absent during the completion of the application, pointing out that a receptionist managed interactions with investigating officers and the receipt of exhibits.
“Investigating officers are not allowed to meet with any analyst who will work on the exhibits.”
The witness also 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.
On the application form, Lukhele had requested the retrieval of call logs, electronic mail, messages, and various documents. Because of the amount of data and the make of Nzuza’s cellphone, which was an iPhone, the witness said the extraction took the whole day.
She explained that 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.
“Subject to the availability of the Cellebrite licence, I have no further questions,” Madonsela said after asking the State for the licence.
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. A Hawks police officer is expected to take the stand.