Nzuza’s lawyers accuse state of using ‘dirty tricks’

The lawyers of former eThekwini Municipality City Manager, Sipho Nzuza, accused state prosecutors of using fruits and vegetables to “induce” a statement from Nzuza’s 84-year-old mother.

Advocate Thandazani Madonsela SC made these claims at the Durban Specialised Commercial Crimes court on Thursday much to the shock of the gallery. Nzuza along with former Durban Mayor and 15 others are standing trial for charges of fraud and corruption relating to an irregular 2017 Durban Solid Waste Tender worth in excess of R430 million.

Brandishing a folder with images, Madonsela said on the 25th of August, police investigators visited Nzuza’s mother, at her Durban North home, carrying fruits and vegetables with them.

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“In the process of which they procured a statement, so we were told, in relation to Nzuza,” he said. “Nzuza was called in to the house but he was told not to interfere because he would be defeating the ends of justice, then he bailed out and left them to do whatever it is they were doing.”

Magistrate Dawn Somaroo asked Madonsela why he was raising this matter in public court instead of liaising with state prosecutors before hand.

Madonsela said they learned of the information the previous night, “much to our shock.”

Madonsela said the actions raise two key questions; if the state was “using dirty tricks in obtaining evidence” and whether Nzuza’s mother is now a witness against her son.

“It is unacceptable that member of the South African Police Service would stoop so low as to drive a wedge between the accused and his mother. By making her a witness that means Nzuza can’t contact his mother or go take care of her,” said Madonsela.

As part of his bail conditions, Nzuza is not allowed to communicate with any state witnesses.

Advocate Ashika Lucken, state prosecutor, said this was the first she was hearing of fruits and vegetables incident. Lucken said she will get a full report from the involved investigative officers and will report back to Nzuza’s legal team.

“The nature of her (Nzuza’s mother) evidence was mainly confirmatory of documented office,” said Lucken. “It came as a result of tracing funds from accused 17 (Nzuza) to accused 14 (Craig Ponnam) and the deeds office.”

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Lucken said she had no objection excluding Nzuza’s mother from the witness list so Nzuza can be able to visit her.

This is not the first time Nzuza’s lawyers have accused state prosecutors using sneaky methods to obtain evidence.

In March this year, Madonsela said police took Nzuza’s phone under the false guise of safekeeping but ended up copying and mirroring it.

Madonsela said they still waiting for feedback from a Complaints Unit for the Directorate for Priority Crime Investigation judge on the matter.

Somaroo granted the order to relax Nzuza’s bail application in relation only to his mother.

The case was adjourned till 10 December pending an audit report. Prosecutors said they have taken statements from 450 witnesses and have analysed over 460 000 pages worth of bank documents and financial records.  

Caxton Local Media Covid-19 reporting