Tuesday, July 14, 2026

Hawks captain says the former city manager did not object to the confiscation of his mobile phone in the Zandile Gumede fraud trial

Date:

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.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest News

spot_img

Related articles

How to see the status of your automatic SARS assessment on WhatsApp

SARS Automatic Assessment Period Ends – What You Need to Know The automatic assessment window for South African taxpayers...

Iran attacks US bases as Trump vows to reinstate naval blockade

Escalating Tensions in the Strait of Hormuz: What Happened and Why It Matters On Tuesday, the Iranian military released...

Kruger National Park is a world-class bird watcher’s paradise

AllClear’s Top Bird‑Watching Spots Around the Globe A recent study by travel insurer AllClear ranked the world’s best bird‑watching...

Madlanga Commission blasts ‘useless’ sick notes as IDAC boss fails to appear

Madlanga Commission Cracks Down on Vague Medical Excuses What Happened with Andrea Johnson? The Madlanga Commission was set to hear...