Is his cellphone valid evidence?

A TRIAL within a trial occurred at the Durban High Court yesterday as the State attempted to draw evidence from a cellphone seized from the eThekwini Municipality's former City Manager, Sipho Nzuza, in the R320-million Durban Solid Waste (DSW) tender fraud case.

- NOMONDE ZONDI

Former eThekwini Mayor Zandile Gumede, Nzuza, and 20 others are the accused in the matter. They all face multiple charges of fraud, racketeering, corruption, money laundering, contravention of the Municipal Finance Management Act and the Municipal Systems Act, related to tender processes.

The trial within a trial was given priority during yesterday’s proceedings as the court had to determine the admissibility of evidence obtained by investigators from Nzuza’s phone.

State Prosecutor Reshma Athmaram told the court that she intended to deal with the trial within a trial after the State witness, who was being cross-examined last week, had concluded her evidence.

However, she said, because of aretired lieutenant-colonel’s health, the main trial had to be paused to accommodate his testimony, as he was due to undergo major surgery and extensive treatment.

“Due to his illness, it is uncertain if he will be available in the next session,” Athmaram stated.

The media has been prohibited from naming witnesses in the matter.