Hawks Captain Testifies About Phone Seizure in DSW Tender Fraud Case
What Happened in Court?
During the trial of the Durban Solid Waste (DSW) tender fraud case, Hawks captain Obed December Lukhele took the stand. He explained how he came to take former eThekwini city manager Sipho Nzuza’s mobile phone for a digital‑forensics download.
Why the Phone Was Taken
Captain Lukhele said he acted on the orders of a senior colleague—a former lieutenant colonel. The instruction was given while Nzuza’s lawyer and the case’s investigating officer were present. According to Lukhele, the lawyer did not object when the order was given.
The Conversation With Nzuza
When Lukhele approached Nzuza, he told him the phone was needed “for downloading.” Nzuza asked why, and Lukhele repeated that it was simply to download the phone’s contents. Nzuza handed over the phone without asking to speak to his lawyer first.
PIN Mix‑Up
Nzuza first gave a PIN that didn’t work. Lukhele only noticed the mistake later while trying to silence a constantly ringing phone in the billing office. He returned to the cell area, asked for the correct PIN, and Nzuza admitted the error and provided the right one.
Lawyer’s Presence and Lack of Objection
Lukhele stressed that Nzuza’s lawyer was standing next to the senior colonel when the confiscation order was given. The lawyer raised no objection at that moment, which Lukhele highlighted as a key point in his testimony.
Why This Matters
The defense argues that Nzuza never consented to the phone seizure, claiming the evidence should be thrown out. The prosecution, backed by Lukhele’s testimony, says Nzuza did agree and that his lawyer’s silence shows acceptance.
Because the admissibility of the phone data is being challenged, the court is holding a “trial within a trial” to decide whether the information pulled from Nzuza’s phone can be used as evidence.
Other Court Developments
Last week, the court rejected a request from defendant Omphile Thabang CC to obtain the personal diaries and meeting notes of the investigating officers. The judge said the demand was based on speculation and not justified.
Omphile Thabang CC is owned by Bongani and Khoboso Dlomo, who are also among the accused in the DSW tender fraud case.
Bottom Line
The testimony of Captain Lukhele centers on whether Nzuza voluntarily gave his phone for downloading. His account—supported by the presence of Nzuza’s lawyer and the lack of any objection—will play a big role in deciding if the phone evidence stays in the case. As the trial continues, both sides will keep debating the legality of the seizure and what it means for the $320 million fraud allegations.
