Friday, 1 December | 12:49
Senzo Meyiwa Trial: Magistrate missing in action!
THE judgment in one of the Senzo Meyiwa murder accused, Muzikawukhulelwa Sibiya has been postponed to Tuesday, 12 December.
This after the presiding magistrate at the Tembisa Magistrates Court was not available on Friday, 1 December because he is currently on sick leave.
Announcing the postponement, Magistrate Tshepo Mojapelo said Sibiya will be in custody until the presiding magistrate in the matter is available.
He said maybe then a judgment of being found guilty or not will be delivered.
Sibiya made a solo appearance, on a matter relating to being in possession of illegal ammunition and drugs which is not linked to the killing of Meyiwa.
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He was arrested on 30 May 2020, for charges of illegal ammunition and drugs and months later he was charged for Meyiwa’s murder with the other four accused.
Sibiya is also serving time for attempted murder. This after he was found guilty and sentenced to 12 years in 2022.
He was convicted for the attempted murder of Ntombenhle Ndaba and Mfanelo Mbatha, whom he attacked in a hail of bullets but miraculously, they survived.
The court also found him unfit to possess a firearm.
Friday, 1 December
Judgment Day for accused
ONE of the five men accused of murdering former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa will appear before the Tembisa Regional Court this morning, 1 December, for judgment.
Muzikawukhulelwa Sibiya, who is known as accused one in the Meyiwa case, is awaiting judgment in another matter unrelated to this case. He was arrested for possession of illegal ammunition and drugs.
This is the matter for which he was initially arrested for on 30 May 2020 before he was charged with Meyiwa’s murder.
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Sibiya is also serving a prison sentence for attempted murder. He was found guilty in April 2022 and sentenced to 12 years in prison.
The National Prosecuting Authority (NPA) said he was convicted of the attempted murder of Ntombenhle Ndaba and Mfanelo Mbatha, whom he attacked in a hail of bullets, but miraculously they survived.
The court also found him unfit to possess a firearm.
Thursday, 30 November | 8:57
Gininda sticks to his guns!
The lead investigator in the Senzo Meyiwa murder trial will be facing tough questions on Thursday, 30 November, as the defence counsel continues with their cross-examination.
Brigadier Bongani Gininda is currently being cross-examined by the lawyer of accused number one and two, Advocate Thulane Mngomezulu, at the North Gauteng High Court, about the admissibility of the alleged confession statements and pointing outdone by the accused.
Gininda has stuck to his guns that the two men freely gave their confessions about their involvement in the killing of former Bafana Bafana and Orlando Pirates Goalkeeper Meyiwa in October 2014.
He rubbished the claims that the accused were tortured and assaulted.
During the first part of the cross-examination on Wednesday, 29 November, Mngomezulu told Gininda that the first time he heard of the warrant of arrest for the accused one regarding the Meyiwa murder case was during Gininda’s evidence in chief.
Gininda insisted that all documents were disclosed to the defence before the start of the trial.
He told the court that it was executed by Sergeant Batho-bakae Mogola, and all the accused were formally charged with Meyiwa’s murder on 26 October 2020 and appeared on 27 October 2020.
Mngomezulu said the accused said he was arrested in relation to the Meyiwa’s murder in August 2020, two months before the 27 October 2020 appearance.
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He further said that the accused was arrested; Gininda disputed that at the time of his arrest, he was interviewed about the case of Senzo Meyiwa.
Gininda said: “I won't dispute it. He was interviewed about other cases where he was also a person of interest.
Mngomezulu insisted that the state at that time had no evidence linking the accused to the death of Meyiwa, but Gininda responded by saying there were fingers pointing at him and evidence was found, which is why they are before this court.
Mngomezulu said: “The state had no evidence against him until the alleged confession.”
The cross-examination will continue.
Wednesday, 29 November | 13:50
Top cop rubbishes claims
THE lead investigator in the Senzo Meyiwa murder trial, Brigadier Bongani Gininda, concluded his evidence-in-chief and will be cross-examined by the defence team.
Gininda has dismissed claims by accused number one and two that they were assaulted and forced into signing and giving confession statements.
State prosecutor Advocate George Baloyi asked Gininda about his presence with Sergeant Batho-bake Mogola and a man with braces when accused two, Bongani Ntanzi, was allegedly assaulted at a steel or a dumping site on the 18 June 2020 as well as in Orlando on the 19 June 2020.
On 19 November, Gininda said it is incorrect because Mogola took the accused to court on that day, and there’s a charge sheet.
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“She took him from the Valleria Police Station to Tembisa and back. There are even OB books to support that, and, on that day, Sgt Mogola was not even issued with a white BMW. She was driving a red Golf. The only time we met was later when we proceeded to Rustenburg and that was my first encounter with accused to in Phokeng.
“We reported to the local police station, and we were then accompanied by the local police to where the accused stayed. So, during that time until he was taken to Primrose there was no assault that happened, and in Phokeng that was when I met the accused for the first time on that specific day,” said Gininda.
He further said even in the entry books, no entries reflect any assault from the time he was detained in Phokeng on that day until he was transferred to Primrose.
Even with accused number two, Muzikawukhulelwa Sibiya, Gininda said he didn’t find anything suggesting he could have been assaulted and that led to one possible conclusion which is that was not true.
“Surely somewhere something should have come up,” he said.
Tuesday, 28 November | 18:00
Trial takes a shocking turn
THE lead investigator in the Senzo Meyiwa murder trial has revealed damning information about two of the five accused.
Brigadier Bongani Gininda was giving evidence on Tuesday, 23 November, at the North Gauteng High Court, about the arrest and the alleged confession statements made by accused number one, Muzikawukhulelwa Sibiya and accused number two Bongani Ntanzi.
He said Sibiya seemed relieved when he gave admissions on his role in the killing of the former Bafana Bafana and Orlando Pirates goalkeeper.
"You know when something has been taken off your shoulders, he looked relaxed and relieved better than he had before the visit to Diepkloof Police Station,” he said.
This is contrary to the claims Sibiya made that he was forced to make the confessions.
Gininda also told the court that Sibiya was charged on the 26 of October 2020 and that arrest took place after the matter was submitted to the Director of Public Prosecutions (DPP) for a decision. This is six months after his initial arrest.
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Regarding accused number two, Ntanzi, Gininda said his first interaction with the accused was on 18 June in Carletonville, and he was in custody at the time.
“I was introduced to him, and I showed him my appointment card and read him his constitutional rights. And the accused chose not to remain silent,” he said.
Gininda said he then told him he was a person of interest and that he was sitting with information that he was involved in the killing of Senzo Meyiwa.
He said the response he got from him was that he was at work on the 26 October 2014. They went to his workplace to confirm the information.
Gininda: “We then discovered that he was not at work on that day and in fact, he had left on the 25 of October after two hours he had clocked in.
“There was also no reason why he had left suddenly. He only returned to work on the 2nd or the 3rd of November and was away for that time,” said Gininda.
He said in essence, Ntanzi’s alibi was false.
“My lord, I confronted him with the information, and he didn’t say anything to that. I also confronted him with a sketch of a suspect who was wearing a hoodie which was part of the docket. He said he knew about the sketch. I do not know from where, but he said it was a case of mistaken identity,” said the Brigadier.
Gininda said after warning him to tell the truth, he was later called by one of the officers who told him that Ntanzi wanted to speak.
Tuesday, 28 November | 12:05
THE Senzo Meyiwa murder trial suffered a slight delay after three of the five accused were brought in late to court.
Accused two Bongani Ntanzi, who could be seen visibly fuming when he arrived in court, told his lawyer, who addressed the court, that the prison warden who was transporting him handcuffed his legs and hands.
When he enquired why he was being handcuffed on the hands, Ntanzi said wardens told him that it was because he was fighting in court.
He said he tried to explain to the warden that he was not part of the fighting.
Ntanzi requested that the warden be replaced with another warden.
This action was prompted by a scuffle that ensued on Monday, 27 November between three of the accused and the prison warden.
Accused three Mthobisi Mncube and accused five Sifisokuhle Ntuli also raised concerns about how they were handcuffed, while two of the accused were not cuffed the same.
They claimed they were uncomfortable. Mncube stood up in court, showing the court how he had been chained.
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One hand was cuffed to the waist. The same hand was wrapped with a bandage.
“I don’t feel comfortable when I'm being cuffed like this. I won’t be able to hear properly,” he said.
Judge Ratha Mokgoatlheng asked if he was using his hands to hear properly.
Mncube responded by saying: “Even though I'm not using my hands to hear, I'm still uncomfortable with the handcuffs.”
Mokgoatlheng said he has no power to decide who transports the accused because it's not his jurisdiction.
He said the Department of Correctional Services oversees that.
“I won’t make a ruling on this. You can take this up with your lawyer and he will take it with the correctional service. Because I don’t know what kind of steps were taken after people fought in court by the correctional service,” he said.
He then instructed the proceedings to continue.
Meanwhile, the Department of Correctional Service commissioner Makgothi Samuel Thobakgale has condemned the scuffle in court.
“Such utter disrespect will not be tolerated, and the department is looking into the incident. Correctional service officials rendering escort and guarding responsibilities do so on behalf of the state.
“Hence any form of unbecoming behavior warrants a security review so as to ensure safety of those close proximity to the inmates,” he said.
Tuesday, 28 November | 11:08
EFF roasts Judge!
THE Economic Freedom Fighters (EFF) has condemned the presiding judge in the Senzo Meyiwa murder trial, Justice Ratha Mokgoatlheng for his comments about fighting in Parliament.
On Monday, 27 November after a scuffle broke out in court between the accused and the prison wardens, Mokgoatlheng made remarks that the court should not be treated as Parliament where people fight.
He made an example of the 2023 State of the Nation Address (Sona) when the EFF members tried to attack President Cyril Ramaphosa before being escorted out by security personnel.
The EFF deemed Mokgoatlheng's comments as reckless, condescending, and irresponsible.
They claimed that the Parliamentarians sought to peacefully hold Ramaphosa accountable at the Sona on 9 February 2023.
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“In what can only be described as a descent into the political arena by a Judge, Mokgoatlheng inexplicably compared the scuffle that ensued in his court between wardens and the murder suspects in the trial, to the assault of democratically elected Members of Parliament holding placards calling for an end to corruption, unemployment and violent crime,” said EFF spokesman Sinawo Thambo.
He further said it must always be remembered that the violence in Parliament was solely on the side of parliamentary security, members of SAPS, Ramaphosa's security detail and unidentifiable armed men, who stormed South Africa's Parliament and assaulted members.
Thambo said therefore, Mokgoatlheng's characterisation of the events of Sona 2023 are misguided, unwarranted and reveal a nauseating trend in the judiciary.
“Judges becoming political commentators. This trend begins at the highest court in the land and has now filtered down to the lower courts.
“The Senzo Meyiwa trial seems to be cursed with self-seeking opportunists, whose desire to be the news supersedes their commitment and duty to execute justice,” he said.
He further said as the party, they condemn Mokgoatlheng and urges him to refrain from spewing his nonsensical political views and undermining the Meyiwa case by centering himself in it.
Thambo said the nation is interested in closure after the prolonged court case to find justice for the late Bafana Bafana and Orlando Pirates goalkeeper, and Mokgoatlheng will do well to remember that and keep his political views to himself.
Tuesday, 28 November | 7:46
THE lead investigator in the Senzo Meyiwa murder trial, Brigadier Bongani Gininda, has taken the stand at the North Gauteng High Court in Tshwane.
Gininda is giving evidence on the admissions of the alleged confessions statement made by two of the five accused.
Accused number one and two have previously made claims that the investigator was the reason behind their alleged assault and torture, which led to them confessing to killing Meyiwa.
They have also accused him of writing confession statements on their behalf and coercing them into signing.
On Monday, 27 November, Gininda told the court that he is the head of the National Cold Case Unit within the South African Police Service (SAPS) with experience of 30 years in the force.
He said he has worked in the vehicle theft unit in Brixton and the anti-hijacking task team, among others.
Gininda confirmed that he knows Sergeant Vusumuzi Mogane and Sergeant Batho-bakae Mogola, who are also part of the investigating team in the case.
He said they work for his unit, and the mandate of the Cold Case Unit is to look at all unresolved cases.
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"It entails cases that have gone cold, that were never brought to court for prosecution," he said.
Speaking on the Meyiwa case, he said his unit was tasked or handed over the investigation on 12 November 2018.
State Prosecutor Advocate George Baloyi asked the Brigadier how number one accused, Muzikawukhulelwa Sibiya, was investigated.
"At the time when the accused one became a person of interest on this matter, we did a cold case analysis and profiling, and through this matter, Tembisa was picked up. During this time, it was discovered that all these matters were cold. Hence, they were taken for further investigations, and a warrant of arrest was issued," Gininda said.
He said he was informed on 30 May 2020 by Mogola that Sibiya had been arrested, and he was also making admissions on this matter that is before the court.
He said Sibiya was brought to him by Mogola from Tembisa to Vosloorus Police station and had requested an escort of Ekurhuleni Metro cop SWAT members.
Gininda said before speaking to Sibiya, he read him his rights in IsiZulu and told him he was free to raise any complaints.
"He said there was nothing. I further told him my interview would relate to the death of Senzo Meyiwa. I further asked him if he had taken any drugs or medication or alcohol, and he said no," said Gininda.
Gininda further noted that during their conversation, Sibiya didn't show any signs of panic, nor did he raise any complaints with him.
He will continue to give evidence on Tuesday, 28 November, before being faced with tough questions from the defence team.
Monday, 27 November | 14:15
Accused and warden exchange punches
TENSIONS ran high in the North Gauteng High Court as a scuffle broke out between prison warders and the five Senzo Meyiwa murder accused during a court brief adjournment on Monday, 27 November.
This comes after the warderns requested accused number four, Mthokozoseni Maphisa, to sit properly during the break.
Maphisa was with the other accused caucusing like they usually do during breaks.
The instruction from the warden did not sit well with him and he wanted to know why he was being singled out.
While he was enquiring about that, a scuffle broke out where accused number three, Mthobisi Mncube defended his fellow accused by throwing in some punches.
When the court resumed, defence lawyers were asked to tell the court what had happened.
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Mncube’s lawyer, Advocate Charles Mnisi said after consulting with his client, he told him that during the break, the accused would stand and stretch themselves and apparently, the gentleman over there would always command them to sit as they are sitting here as if the proceedings are on.
“He did that again and he told them if they want to take his instruction, he will hit them. Then they said but this is an adjournment and he started to hit my client with his shoulder. That's the version I am getting,” said Mnisi.
Prison warden Vusi Jack Jele was called to explain his version of what had happened.
He told the court: "Moments after the short adjournment, all the accused were standing, five or six minutes later accused four was sitting on top. I said Ntuli, I am not familiar with their names, I said Ntuli you cannot sit like that.
"He said you can’t tell me how to sit. Three of them were now howling saying sizokushaya uma uza la kuthina (we'll beat you if you come close to us),” he said.
Jele also told the court that the matter dates back to 15 November.
He said they did the same thing and he told them about it.
Demonstrating to the court, Jele said: "Before we went down, he was sitting like this demonstrating by sitting on top of the benches, and I shouted again and said you cannot sit like that. We went down and I called them, and I tried to address them.
"I approached and I was trying to pull accused number four. I went down like this and that's when I saw a blow coming my way but accused one and two were not doing anything,” he said.
President Judge Ratha Mokgoatlheng asked everyone to maintain the court decorum and advised the accused to allow the wardens to do their job.
He further said there was no need for violence and won't make an order but was pleading for tolerance.
Thursday, 23 November | 15:34
POLICE car movement took centre stage once again in the murder trial of Senzo Meyiwa in the North Gauteng High Court on Thursday, 23 November.
This after car tracking expert Michael Du Preez was summoned to present a report on the vehicle movements of a vehicle used to transport some of the accused between 30 May 2020 and 22 June 2020.
The car was driven by Sergeant Vusumuzi Mogane, whose testimony was put on hold pending Du Preez's report.
But before Du Preez could begin his testimony, presiding Judge Ratha Mokgoatlheng and the lawyer for the five accused, Advocate Zandile Mshololo, clashed.
This was after Mshololo requested to review the report before Du Preez could present it in court. Mshololo claimed they had not received the report because Du Preez said it was in his laptop.
She asked the court to allow them as the defence to sit with the state witness so that he could go through the report before it was presented in court.
She justified her request by saying it would give them time to consult and receive instructions from their clients.
But Mokgoatlheng said Du Preez should testify first and then the defence would receive the report.
"We want to sit with the witness and look at the report before it's presented," Mshololo said.
Mokgoatlheng asked if whether Mshololo wanted to sit with the witness.
"Are you listening to yourself," asked Mokgoatlheng.
After deciding that Du Preez would testify as a witness, Mshololo asked accused three's lawyer, Advocate Charles Mnisi, to lead the evidence instead of the state.
Irritated, Mokgoatlheng asked: "Ms Mshololo, do you want to run this case? I can recuse myself. I've told you that I've made a decision. If you think this decision is wrong, you can take me to task."
Du Preez began his evidence by looking at 31 May 2020, when the vehicle started in Yeoville in Joburg, drove to Doornfontein and was on the road for a while.
He said the vehicle stayed in the Joburg area in the early hours of the morning, then it was in Aeroton. At 03.24 it left Aeroton for Pretoria.
"It ended up again in Waverley. It stayed there and at 9.33, it travelled on to Corlett Drive and stayed there for a few moments. It left there at 9.44. It stopped at 9.47. It travelled a short distance to Lindhurst and stopped there for three minutes.
"The vehicle continued on the M1 towards Pretoria and through Midrand. It left the Stormvoel offramp and stopped at the Valeria cop shop at 10.31. It left Valeria at 11.39 and travelled to the N1," he said.
He went through the trips on 30 May until he stopped at SAPS Tembisa. Some of his evidence collaborate the versions of the accused and the witnesses.
Wednesday, 22 November | 7:55
THE North Gauteng High Court has heard that accused number 1 in the Senzo Meyiwa murder trial allegedly told the police that one day he would have to take responsibility for the crime.
This was said by Sergeant Batho-Bakae Mogola during a cross-examination.
Mogola explained in court how it came about that accused number 1, Muzikawukhulelwa Sibiya, made admissions to her after he was arrested in May 2020.
She said they had accompanied Sibiya to his shack in Tembisa, where live rounds of ammunition were found, resulting in his arrest and being charged.
Mogola said Sibiya was allegedly on the verge of confessing to Meyiwa’s murder after his arrest when she had to stop him and give him his rights.
She said after reading his rights, Sibiya said he understood and started to make certain admissions.
The lawyer for accused number 3, Advocate Charles Mnisi, asked at what point she said to him what his choice was.
Mogola: “I gave him his rights he said he understood, and he started telling me about his knowledge or involvement in this case."
“I stopped him as he continued, and I told him he is not compelled to make any admission or confession and a lawyer can be provided and he said in Zulu he doesn't need a lawyer right now,” she said.
Mogola further said she asked Sibiya why he was telling her this now and why he didn't come forward and tell the police.
“He said one day he has to take responsibility for the death of Senzo Meyiwa."
The witness further said Sibiya lied that he was assaulted before he made the admission.
“He was never assaulted. Even before we left for Vosloorus the accused was already making admissions to me. He is lying when he says he was assaulted."
"I even asked him why he was telling me this now and he gave me his reasons. I don’t know if I can relate the reasons that he told me,” Mogola said.
Wednesday, 22 November | 7:55
Defence lawyers poke holes!
THE defence lawyers in the Senzo Meyiwa Murder trial will continue to poke holes in the evidence given by Sergeant Batho-bakae Mogola on Wednesday, 22 November 21.
Mogola has been on the stand in the North Gauteng High Court in Tshwane since Monday, 20 November, where she testified about how accused number one and two voluntarily gave them information about the killing of Meyiwa in 2014.
She denied that they were beaten or tortured.
Defence lawyer Advocate Mngomezulu Thulane accused Mogola of wrongfully arresting his clients.
He said the cops used a modus operandi against his clients by arresting them for other matters but only to be investigated for the Bafana Bafana and Orlando Pirates captain’s murder.
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But to answer Mngomezulu, Mogola said that was not true because accused number one, Muzikawukhulelwa Sibiya, had many other attempted murder cases which they were also investigating against him.
Mogola further told the court that the accused is currently a convicted person because of one of the attempted murder cases.
“To show the matter was investigated and that we got the convictions, the accused is here today as a convict because of that case,” she said.
Mngomezulu said what Mogola said about his client was character assassination.
Tuesday, 21 November | 16:11
Senzo Meyiwa Trial: Hoodie hunt leads cops to hometown
THE North Gauteng High Court has heard that accused Bongani Ntanzi freely told the cops who were raiding his home, looking for a certain hoodie that it was at his hometown in Nongoma, KZN.
This was said by the investigator, Sergeant Batho Mogola, before concluding her evidence-in-chief.
She said after they arrested Ntanzi in June, they went with him to his place in Phokeng in the North West to search for the hoodie and they didn’t find it because the accused told them that it wasn't there.
The said hoodie is allegedly the one which was worn by one of the intruders who killed the former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa in 2014.
Mogane said: “We didn’t find it and he told us that it might be at work or at his home in Nongoma,” she said.
She further said the accused said this freely and voluntarily in his sober mind and without any undue influence.
She also told the court that as they were searching, they also found a black plastic bag, where they found a rifle ammunition.
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During cross-examination, Mogola was accused of constituting an unlawful arrest against accused one when they were arrested respectively in May 2020 and June 2020.
Their defence lawyer, Advocate Thulane Mngomezulu, put it to Mogale that for her to secure the presence of accuse one Muzikawukhulelwa Sibiya, she had to effect arrest and same applies to accused two, Ntanzi.
Mngomezulu further said his clients were arrested for cases that were never investigated and after that instead they investigated the Meyiwa matter.
“Accused number two in order to secure his arrest he was arrested under the Nongoma case for murder. He was arrested on 16 June. Up to this time we don't have the docket of Nongoma.
“Do you understand when Muzi was arrested in May 2020, he was arrested under the 217/03/2019 and even when he was booked out the following day it was under the same matter?" he said
Mogale said that is not true, she said all those cases were investigated.
Mngomezulu further said Mogale was privy to investigations that were being led by Brigadier Bongani Gininda who is her superior.
Mogale said: “It's incorrect to say I have the full investigation from Gininda. Sergeant Mogane might know that I’m investigating drugs matter, but he is not privy to the information on the docket. Same applies to me I might know Mogane is investigating the Nongoma murder case, but it doesn't mean I know the contents of the docket,”
Tuesday, 21 November | 10:26
Senzo Meyiwa trial: 'Accused is taking chances'
THE trial against five men accused of killing former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa continues in the North Gauteng High Court on Tuesday, 20 November.
Sergeant Batho Mogola is set to provide further evidence regarding the arrest of accused numbers one and two, focusing on their alleged confession statements and their involvement in the murder.
However, the accused deny making any voluntary confessions, claiming that they were assaulted by the police.
The court is trying to determine if the alleged confession statement should be admitted as evidence in the main trial.
On Monday, the investigator in the Meyiwa murder case Sergeant Batho Mogola dismissed all the allegations made by accused two Bongani Ntanzi that on 9 June 2020 he was assaulted at an industrial area in Germiston and at a dumping site in Orlando, Soweto.
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Mogola said that could not have happened because she had to take the first accused to the Tembisa Magistrates Court for a drug-related case.
This comes after Ntanzi claimed Mogola and lead investigator Brigadier Bongani Gininda arrived at the dumping site in a white BMW, when he was being assaulted.
Ntanzi further claimed that the investigators had a written confession statement that they wanted Ntanzi to sign or continue being beaten.
Mogola refuted the claims and told the court that she is now driving in a white BMW. Probably accused number two saw him in it.
“He is taking chances to say he saw me in a white BMW. I was only allocated a white BMW in 2021, about a year after Ntanzi’s alleged confession,” she said.
Monday, 20 November | 17:09
Senzo Meyiwa Trial: Accused worried about expensive pants!
THE North Gauteng High Court in Tshwane has heard that when accused one, Muzikawukhulelwa Sibiya, was arrested on 20 May 2020, he was not happy that the police dirtied his expensive trousers by making him lie on the ground.
This was said by the new state witness, who is also the lead investigator in the murder of former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa.
Sergeant Batho-Bakae Mogola, who is attached to the cold case unit in the SAPS, gave evidence that she arrested accused one Sibiya in May 2020, after issuing a warrant of arrest in December 2019.
She said Sibiya was arrested in Tembisa, Ekurhuleni where he was with two other men.
She said she had asked for backup from her colleagues and after they located Sibiya, she called them to assist in arresting him.
Mogola said after they arrested him, they read him his rights and asked him to take them to his place.
“As we were walking, he was complaining that Buthelezi and Sadiki were not supposed to make him lie down because the trousers he was wearing were very expensive. He was wearing a blue Brentwood,” she said.
She told the court that when they got to his place, they asked him for his ID, and he used his head to point out where it was.
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She said one of the police officers she was with named Sadiki, showed her the ammunition which she said they found while they were looking for his ID.
“It was nine live ammunition which had not been used, a magazine, as well as the cleaning rod, all of which were in a black plastic bag. I asked him who the things belonged to, and he confirmed that they were his. I then read him his rights and told him I was arresting him.
“I then asked him about the gun because with the magazine and a cleaning rod, I could tell there was a gun involved. He then said the gun was his friend's at the Vusumuzi Hostel,” she said.
Mogola said they drove to the hostel and when they got there, she jumped out of the car, approached the men who were sitting outside and made some enquiries.
She said as they were busy with their investigation driving around with Sibiya, she then asked him if he was involved in the killing of Meyiwa.
“When he responded to the question, I could see that he was making admissions. I reminded him of his constitutional rights, and he went further to tell me.
“I then asked him if he was comfortable communicating what he was telling me to my boss and he said he didn’t have a problem with that,” she said.
Mogola insisted in court that Sibiya was calm, willing and in sound mind when he made the admission of guilt.
She said she had countless times reminded him of his constitutional rights that whatever he says will be used against him in court.
Monday, 20 November | 11:30
Senzo Meyiwa Trial: New Witness in the hot seat!
THE trial against five men accused of killing former Bafana Bafana and Orlando Pirates goalkeeper continues in the North Gauteng High Court on Monday, 20 November.
The state will call its new witness, Sergeant Bathobakae Mogola, who will give evidence on the arrest of accused number one and two. His testimony is about them giving an alleged confession statement, the pointing out of the scene and their alleged involvement in the murder.
The two accused have since denied making any confessions voluntarily and had claimed that they were assaulted by cops.
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The court is trying to determine if the alleged confession statement should be admitted as evidence in the main trial.
Muzi Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli are charged with Meyiwa’s murder, attempted murder of Zandie Khumalo, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition.
They have all pleaded not guilty to the charges.
Thursday, 16 November | 10:18
Senzo Meyiwa Trial: Witness accused of fabrication!
THE Senzo Meyiwa murder trial will resume on Thursday, 16 November, in the North Gauteng High Court.
A new state witness is expected to take the stand. According to state prosecutor Advocate George Baloyi, this might be an expert in the car tracking device.
He also told the court that another police investigator, Sergeant Mokgola, is on the line-up of those who might testify.
On Wednesday, 15 November, defence lawyer for accused one and two Advocate Thulane Mngomezulu, described the evidence given by state witness Sergeant Vusumuzi Mogane as a total fabrication.
During a cross-examination, Mngomezulu put it to Mogane that he was making things up.
“All the police officers have denied they were ever at a garage. They denied they ever escorted you. They said the only time they escorted you was to Moroka. This is a total fabrication,” said Mngomezulu.
Mogane responded that if he recalled well, he was only asked about going to Moroka Police Station.
“This day you are asking me about today, it is the first time you are asking me about it," Mogane responded.
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Mngomezulu also told Mogane that his evidence was consistent with his client Bongani Ntanzi's on the movement of the car when they drove Ntanzi to his former place of employment in Sibanya-Still Water mine in Carletonville. They were there to confirm if he was at work the night Meyiwa was gunned down as he claimed.
Ntanzi claimed he was assaulted by the police and tortured for hours before being forced to sign a confession statement the next day on 19 June 2020.
Vehicle tracking evidence has shown how the police's Toyota Fortuner that was transporting Ntanzi left Carletonville at about 5pm on 18 June and arrived at a petrol station in Alberton at around 6.30pm in the evening.
Mngomezulu said the only difference in Ntanzi’s version and Mogane’s was that he had been assaulted in an open area next to a garage during that drive, while the officer denied that.
“What you are telling me is consistent with what accused number two said. He said there was a garage or petrol station where he was assaulted close to the road,” Mngomezulu said.
Wednesday, 15 November | 15:26
Senzo Meyiwa Trial: Lawyer wants to see records!
“A VEHICLE is like a person. It has its own illness.”
This was said by the state witness in the Senzo Meyiwa murder trial during cross- examination.
Sergeant Vusumuzi Mogane, who is currently in the hot seat over his car movement on the 19 June 2020 with accused number two Bongani Ntanzi, has told the North Gauteng High Court that the car they were using had some malfunctions.
Previously, Mogane had told the court that the car they were using with the late Sergeant Mabena and Ntanzi had just come back from a full service.
But today, when being asked about the long stop he took while driving the accused, he said the vehicle had some problems.
Mogane said in the morning while driving, he went into a petrol station to check his tyres.
“As we passed the Glen Mall, I felt that the motor vehicle was not balanced. I proceeded and when I joined the N3, I felt there was a smell of smoke, and the vehicle was losing its power. I forced the vehicle to proceed, and that's when I contacted Gininda and went into the filing station.
“When I got out of the vehicle, I noticed smoke and, on the dashboard, it reflected an oil light. And then Jonathan and his crew arrived at the garage because we could wait there as we had the accused,” he said.
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Mogane further told the court that when he opened the bonnet, he saw the oil was low.
“As I had oil at all times, I filled up the engine with oil and ignited vehicle again. I tried driving the vehicle again and the wheels were stiff. That is where you see I switched it off for a while.
“I'm not sure if it was Johnathan or Buthelezi who called an independent mechanic. That mechanic said there is air that needs to be removed from the brakes. As you see the vehicle idling for some time, it was when we were trying to move the car around to,” he said.
This is the same spot that the defence council had told the court that Ntanzi was first assaulted by the cops.
Advocate Thulane Mngomezulu reveled that the cops had stopped for 37 minutes, making an assertion that, was when Ntanzi was being assaulted.
But according to Mogane, they treated the accused well and even bought him food.
“We also bought food and didn't forget Ntanzi. We ate with him. When he says he was assaulted he should explain. I never saw that,” he said.
Mngomezulu said to Mogane: “Remember what you said to the state when asked about over speeding, you said it was serviced and had power. So, from Pretoria to Carletonville it never had that problem. According to what you saying the situation aggravated on the N3.”
Mogane said a vehicle is like a person, it has its own illness.
Wednesday, 15 November | 11:05
Senzo Meyiwa Trial: Lawyer wants to see records!
LAWYER for accused two Bongani Ntanzi, Advocate Thulane Mngomezulu in the Senzo Meyiwa murder trial, is expected to begin with his cross-examination on the car movement of state witness, Sergeant Vusumuzi Mogane.
On Tuesday, 14 November, the court adjourned early after Mngomezulu requested that the excluded car records of the witness to be made available to him.
Mngomezulu told the court that he needed to see the records of the car used by Mogane for the 22 and 24 June 2020.
The state only handed over records only for the movement on 19 June 2020 and excluded the records when Mogane was not driving the vehicle that he initially used to take Ntanzi to his first alleged confession.
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Presiding Judge Ratha Mokgoatlheng asked the state where the records of the vehicle are for 22 and 24 June 2020, because Mngomezulu said it wasn't used.
“You haven't given him proof to say it wasn't used. Where are the records?" asked Mokgoatlheng.
State prosecutor Advocate George Baloyi responded that on 24 June, a different vehicle was used but Mogane was still the driver.
Mngomezulu said he is referring to the 22 June 2020 when his client was taken to court in connection with a murder committed in Nongoma.
Tuesday, 14 November | 9:00
Senzo Meyiwa Trial: Cop in the hot seat!
THE defence council in the Senzo Meyiwa murder trial is expected to poke holes in the car movement data by state witness Sergeant Vusumuzi Mogane.
On Monday, 13 November, Mogane led evidence on the data taken from the Automatic Vehicle Location (AVL) system of the car he was driving with accused number 2 Bongani Ntanzi on 19 June 2020.
He told the North Gauteng High Court in Tshwane the car's movements from when it fetched Ntanzi in Tshwane to Moroka Police station in Soweto.
The accused, Mogane and the late Sergeant Mabena had been on the road for 17 hours that day, where Ntanzi had to go and allegedly give a confession statement in Soweto and another one in the Boksburg Magistrates Court.
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This is the day Ntanzi alleged that he was assaulted, suffocated and electrocuted in an attempt to make him agree to killing Meyiwa even after he allegedly said he told the cops that he had no hand in his killing.
The court has heard from the defence lawyers that the cops driving Ntanzi and their escort officers from Ekurhuleni Metro made some detours before taking him to confess, and that is where the alleged torture took place.
The state is using Mogane's AVL data to prove if Ntanzi's claims are true or not.
Monday, 13 November | 13:58
THE presiding judge in the Senzo Meyiwa murder trial, Justice Ratha Mokgoatlheng, has ruled that the state may lead evidence pertaining to the Automatic Vehicle Location (AVL) system of the car the state witness was driving with accused number two Bongani Ntanzi.
This after Ntanzi's defence lawyer previously told the court that when Sergeant Vusumuzi Mogane was driving him to Moroka Police Station in Soweto, they didn't go there straight away.
Advocate Thulane Mngomezulu told the court that the car was taken off the road where Ntanzi was allegedly assaulted before they went to Soweto to submit the alleged forced confession.
To counterattack the claims against Mogane, the state acquired the AVL details of the vehicle and asked the court to admit it as evidence.
Mngomezulu disagreed with this, making arguments that the evidence lead requires an expert and said Mogane is not an expert in AVL but part of the investigating team of CAS 363.
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"The time this document was introduced on its own is irregular and the accused person will suffer prejudice because the basis is to reintroduce evidence to rebut the version of accused two.
“He will have a chance to testify if the need arises,” he said.
Mngomezulu continued to argue that Mogane is not a neutral person in giving evidence, adding that he's part of a team investigating this matter and his view will always be biased.
He said an expert witness should provide assistance by way of objective unbiased opinion in relation to the matters with his expertise and an expert witness should never assume the role of an advocate.
Mngomezulu said even if an expert can be called, there's no likelihood it will help the court in drawing inferences.
“Furthermore, when looking at AVL reports, it doesn't stipulate exact places where the said vehicle went and stopped at,” he said.
Giving his ruling on the submissions, Mokgoatlheng said the state has argued that this evidence is not new evidence and arises from cross examination.
He said the duty of the state is to always place material evidence to prove its case against the accused beyond reasonable doubt.
“Although it's not an onus on the accused, they have a right to place evidence challenging and rebutting the evidence of the state.
"These are interactive constitutional duties. This evidence will assist the court where the truth lies. This court must hear all the evidence if its material,” he said.
Monday, 13 November | 10:58
Cop car movement to take centre stage!
THE Senzo Meyiwa murder trial within a trial will continue on Monday, 13 November, in the North Gauteng High Court.
Five men are currently standing trial for allegedly killing the Bafana Bafana and Orlando Pirates goalkeeper in October 2014.
The defence is challenging the admissibility of the confession and pointing out statements allegedly made by accused one and two.
On Monday, the matter is expected to continue, with Sergeant Vusumuzi Mogane giving evidence about the Automatic Vehicle Location system of the car he was driving with accused two, Bongani Ntanzi.
The state is expected to lead evidence about car tracking data.
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Mogane told the court his car is fitted with an automatic vehicle location system, and the tracking data can clarify the routes taken when travelling with Ntanzi.
State prosecutor George Baloyi said they will submit that report as court evidence.
Another state witness after Mogane is also expected to take the stand to give evidence on the arrests of the first two accused in 2020.
Thursday, 9 November | 15:37
Accused pointed out crime scene
A NEW state witness in the Senzo Meyiwa murder trial within a trial has told the North Gauteng High Court in Tshwane on Thursday, 9 November, that accused number one, Muzikawukhulelwa Sibiya, was a calm participant in the pointing out of the crime scene in 2020.
Captain Tlou Nailana is the latest cop to testify on the admissibility of the pointing out exercise made by Sibiya on 5 June 2020.
The cop said on the day, he received a phone call from his superior instructing him to assist with a pointing out at Alberton Police Station.
“My commander was clear about that particular exercise that I will only be a driver. At Alberton Police Station, Hadebe (Lieutenant-Colonel Thulane Hadebe - the policer officer who conducted the pointing out) approached me and introduced himself and showed me his appointment letter. He also introduced another gentleman by the name of Maphakela, who was appointed to take photos at the pointing out.
“Another gentleman (Sibiya) was in handcuffs. He was not introduced to me, but I was told that he will be the one doing the pointing out,” he said.
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Nailana said before they left Alberton, Sibiya was asked if he still wanted to do the pointing out and he responded by saying, yes, sure they can do that.
He said Sibiya further told them that he didn’t know the way to Vosloorus from Alberton so he couldn’t direct us.
“I drove to Vosloorus and when we got to the entrance, that was when he began to tell Hadebe when to turn right or left,” he said.
He said when they arrived at a particular street, they stopped next to a house and before Sibiya and Hadebe got out the car, he was asked again if he still wanted to do the pointing out.
“He was asked in a manner that covered his constitutional rights,” said Nailana.
He said they did the pointing out while he remained in the car. He said they were escorted by a group of Ekurhuleni Metro Police officers, but he never engaged with them as they didn't get closer to them.
Nailana said they did two pointing out sessions at a house and an open area near hostel, then they went back to the cop shop.
“Hadebe spoke to the guy again. He was asking if he was satisfied with the manner, and he said yes.
“My observation is that prior to the pointing out and after, he was calm and co-operative,” said Nailana.
Sibiya’s lawyer, Advocate Thulane Mngomezulu, during the cross examination put it to Nailana that his client would tell the court that he did not direct them to the pointing out and that he was looking down all the way to Vosloorus until he was told they had arrived at a particular house.
Concluding his testimony, Nailana said: “The accused took us to a street where there are houses. The second space, he took us to an open area next to the hostel. He was telling Hadebe where to turn,"
The matter adjourned until Friday, 10 November.
Thursday, 9 November | 12:45
THE defence lawyer in the murder trial of Senzo Meyiwa has failed to persuade the North Gauteng High Court to dismiss evidence they presented in court.
Advocate Thulane Mngomezulu, representing accused one and two, presented a dental report in court but did a U-turn by challenging the same report by his clients.
He argued that the document should not be used as evidence.
This was after the report showed that accused two, Bongani Ntanzi, had no injuries prior to his second confession.
Previously, Ntanzi had stated in court that he was assaulted and tortured from 16 June to 24 June to make two confessions.
The medical examination was made on 22 June.
According to Mngomezulu, the document was to prove the alibi of accused number two, Ntanzi, that he had visited a dentist.
He made a submission on the report stating that only the date should be considered and not the contents or the report.
Presiding Judge Ratha Mokgoatlheng asked Mngomezulu whether his submission was that he had to consider small evidence and ignore the rest of the contents.
"Mr Baloyi led this evidence. Mr Baloyi placed the contents of the document on record," he said.
Mngomezulu said they have never agreed to the contents of that report.
Mokgoatlheng said the report will be part of the evidence.
"This report is handed up lawfully, and it's before this court," he said.
State prosecutor Advocate George Baloyi opposed Mngomezulu’s application to have the documents retracted.
Baloyi said they have agreed with the defence that the dentist should be called to testify on the report.
Ratha said the application to retract the statement was dismissed.
"Because this is not in the interest of justice," he said.
Wednesday, 8 November | 14:30
THE Senzo Meyiwa murder trial started on a heated note on Wednesday morning, 8 November.
This after the state witness Sergeant Vusumuzi Mogane raised concern in court about a confidential document being shown to the accused.
On Tuesday, 7 November, the judge ordered Mogane to bring the cases that he claimed the accused were involved in before they were arrested in 2020.
On Wednesday, 8 November, Mogane told the court that he came with the document inside a brown envelope written confidential and gave it to the state prosecutor George Baloyi.
He said he was shocked when he saw the accused going through the same document.
"My lord accused one, Muzi Sibiya, had the document and took it to the other accused, and they went through it. I am worried for our witnesses in those cases and some of those cases also affect some of the accused. In all these cases, there are firearms that are involved," he said.
He further addressed the court and said people have been shot, people have been kidnapped and others have been threatened, now he is worried for his witnesses.
Mogane said there are a couple of case numbers in there and it is possible that they can then get onto their systems to get the names and addresses of people.
"Advocate Mngomezulu brought a document that shows information on the KwaNongoma case from our system. On top, it is written Sergeant Mngomezulu, not sure if they relate. I am worried as to whether others would retrieve such information as he did," he said.
Presiding Judge Ratha Mokgoatlheng responded by saying he is shocked that senior counsels like this can behave like this.
"This gentleman is correct that people can be shot," he said.
Advocate Thulane Mngomezulu, Charles Mnisi and Advocate Zandile Mshololo said they never consulted their clients on the document, but advocate Nxumalo said he did.
Mshololo said her client said the accused were grouped together reading the indictment.
The judge ruled that this document will not form part of these proceedings.
He said this evidence has been contaminated.
"This court makes a ruling that this information must be expunged on the basis that other people’s lives could be jeopardised."
The judge overruled his decision and handed back the document.
"This document will form part of the proceedings," he said.
Tuesday, 7 November | 15:00
A STATE witness in the Senzo Meyiwa murder trial within a trial has denied accused number two’s version that he was tortured into signing confession statements.
The witness also denied he was not in the right state of mind when he did so because of the torture.
Sergeant Vusumuzi Mogane was being grilled by Advocate Thulane Mngomezulu, the lawyer of accused number two Bongani Ntanzi.
Mngomezulu put to him that the accused had alleged that Metro cops assaulted him when he was booked out from prison for 17 hours before making his confession statement on the 19 of June 2020.
Previously, the court heard that Ntanzi was suffocated with a plastic, electrocuted on his stomach and assaulted by a group of heavily armed Ekurhuleni Metro Police officers until his nose bled.
Mogane asked Mngomezulu if the accused was subjected to such torture for all this time that he was saying, why would he still be alive.
Mngomezulu said one of the police officers, Colonel Raphadu, asked if “this man is still alive” during the torture.
Mogane said he didn’t remember that happening and asked that Ntanzi must tell the truth.
Mngomezulu further put it to Mogane that when he entered the room where Ntanzi was staying when they went to arrest him, Sergeant Mabena, who has since died, slapped him with his open hand and told him he thought he was smart.
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The witness disagreed with that and said even if they were to see the late Mabena, they would be able to tell that he was not a violent person.
Mngomezulu also touched on the evidence that Ntanzi lied to the police about his whereabouts the night Meyiwa was shot dead.
He said when he said he was at work, he could have been working or at the compound, meaning in his room.
Mogane replied by saying: “He could have put it that way. For me, when he said he was at work, I took it he meant he was in the mine."
Mngomezulu concluded his cross-examination.
Meanwhile, the presiding judge in the matter, Justice Ratha Mokgoatlheng, ordered Mogane to disclose all the cases he claims the accused were involved in, excluding the Meyiwa matter.
Mogane told the court that the reason they kept Ntanzi out of his cell for 17 hours was because they were investigating other cases.
Mogane: "Like I already explained, there were other cases that we were following up. But I'm unable to tell the court because we are still going on with the investigation."
He said some of the cases were still sub judice.
Judge Mokgoatlheng interjected and said to Mogane: "I will order that you disclose all of them but in the format of a note. That note will be given to all the counsel. We are officers of the court.
Monday, 6 November | 15:40
THE North Gauteng High Court has heard that accused number two Bongani Ntanzi was charged four months after his arrest and confessing to Senzo Meyiwa’s death.
This was revealed by the accused’s lawyer, Advocate Thulane Mngomezulu, during a cross-examination of the state witness Sergeant Vusumuzi Mogane on Monday, 6 November.
Mngomezulu put it to Mogane that between the time Ntanzi was arrested on 16 June 2020 and when he was finally charged on 26 October 2020, the 48 hours to appear before the court had lapsed.
Mogane said when Ntanzi was initially arrested, it was not because of Meyiwa’s murder.
“Let me explain this, when he was arrested, he was not arrested for this case. There were other cases,” he said.
Mngomezulu said according to the law, he was supposed to be charged within 48 hours.
He further said if the confession was taken on the 19 June, they had sufficient evidence to take the matter to court.
He said that even if there were other cases, the matter would be placed on the roll, even if they would add other charges as time went on.
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“A prima facie case has been made by the state in that a confession has been made. But on the 19th of June, after the confession has been made, the accused is still brought to the Vosloorus case,” said Mngomezulu.
State prosecutor Advocate George Baloyi interjected by saying it doesn’t mean once confession has been made, the accused must appear before 48 hours.
“That proposition is incorrect. More evidence was still being gathered,” said Baloyi.
The court also heard that Ntanzi lied to the police about his whereabouts on the night of Meyiwa’s murder.
Mogane said when they asked him where he was, he told them that he was at work. But when they went to confirm this, it revealed that his information was false.
“We met with his bosses at Carletonville, who confirmed that he was not at work that day. After leaving the mine in Carletonville, he told Gininda (Brigadier Bongani Gininda - the lead investigator in the case) that he knew something about the Meyiwa case even though I cannot go into details,” said Mogane.
Mngomezulu is still cross-examining him.
Friday, 3 November | 16:50
Senzo Meyiwa Trial: Witness accused of fabrication
THE Senzo Meyiwa murder trial adjourned early on Friday, 3 November.
This is after the lawyers to the five men accused of murdering the former Bafana Bafana goalkeeper requested time to consult.
This decision was prompted by the evidence presented by the state witness, Sergeant Vusumuzi Mogane, on Friday.
The defence counsel accused him of fabricating evidence. This after it was revealed that he gave his statement last Wednesday, 25 October.
He also mentioned to court that the lead investigator in the Meyiwa case, Brigadier Bongani Gininda, transcribed his evidence as his handwriting was bad.
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The defence lawyers tried to have Mogane's testimony put aside, claiming it was submitted wrongfully.
Advocate Thulane Mngomezulu said: “My lord, I will submit that the statement was irregularly made. It was recently made and contains fabrications. Without the original handwritten statement, how do we conclude it was not fabricated.”
Mogane gave evidence on the day accused one was arrested in May 2020, and accused two in June 2020.
He also highlighted that the accused had prior cases against them before they were nabbed for Meyiwa’s murder.
The matter is set continue on Monday, 6 November, with cross-examinations.
Senzo Meyiwa Trial: Witness insists Ntanzi had a lawyer!
FIVE people have so far testified that accused number two, Bongani Ntanzi, had a legal representative named Attorney Dominic Mjiyako from the time of his arrest on 16 June 2020 to the time he allegedly confessed to the murder of Senzo Meyiwa on 19 June 2020.This contradicts Ntanzi’s lawyer's statement that his client did not know Mjiyako.The latest state witness Sergeant Vusumuzi Mogane, who is part of the Cold Case Unit of the South African Police Service, was one of the officers who arrested Ntanzi at his home in Phokeng on 16 June 2020.He told the Pretoria North High Court in Tshwane that Ntanzi appeared in court with his lawyer Mjiyako, whom Ntanzi said he did not know.
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Mogane testified that Ntanzi was represented in court by Mjiyako on several occasions, and that he was in the Boksburg court when Ntanzi made a confession to Magistrate Vivienne Cronje on 24 June 2020.The court also heard how Ntanzi had appeared before the Vosloorus Magistrates Court in a drug trafficking case, which was withdrawn for a lack of evidence.He was also arrested after ammunition was allegedly found in his room, days after he was arrested in Phokeng.He said that on 19 June, the day he allegedly made a confession, they went with him to his room to look for the hoodie he was wearing on the night of Meyiwa’s murder. But instead of the hoodie, they alelgedly found ammunition and a live round.Mogane said they also charged him with that.The sergeant is expected to be questioned further this on Friday, 3 November.Thursday, 2 November | 15:30
Senzo Meyiwa Trial: Ntanzi implicated in another murder!
THE North Gauteng High Court has heard that one of the accused in the murder of Senzo Meyiwa, Bongani Ntanzi, had many cases before his arrest.
One of the alleged cases was a murder in KwaNongoma in KZN.
This was revealed by a new state witness, Sergeant Vusumuzi Mogane, who took the stand on Thursday, 2 November to testify about the day Ntanzi was arrested on 16 June 2020 in Rustenburg, North West.
Mogane said he and other detectives had received information that Ntanzi was involved in the murder of the soccer star.
"An informant told us that Bongani Ntanzi was involved in the murder of Meyiwa. We sat down, discussed and started a search for him. We found out that he worked for a certain mine in Westonaria. We looked for him there, but we could not find him. After that, we followed up other information," he said.
He said that during the search and investigation, they found out there were other cases against Ntanzi.
"He had many cases against him, the biggest one was the one in KwaNongoma for murder and a gun, and there was another one in Vosloorus, but not this murder case," he said.
He said that in June 2020 they found out that he was working in a mine in Phokeng and they went there to arrest him.
"I was with the late Sergeant Mabena who used to be part of crime intelligences at the SAPS. If I remember correctly, he died in a car accident in September 2023. He was the one who gathered the information for us. He also worked with the other informants who could give us information," said Mogane.
He said that after his arrest, he was taken to the Pretoria Central police, who brought him in for questioning on 17 June 2020.
He said they asked him about his involvement in the murder of Meyiwa on 26 October 2014 and whether he knew anything about it.
"He told us that he only knows about his death through the media, that’s all. We informed him that there was informer who told us that he is linked to this case. We then asked him about his whereabouts on the day, he said he was at work," said Mogane.
Thursday, 2 November | 10:50
Senzo Meyiwa Trial: Mshololo to grill Metro cop!
THE lawyer of accused number five in the Senzo Meyiwa murder trial, Advocate Zandile Mshololo, is expected to wrap up her cross-examination of state-witness Constable Jabulani Buthelezi on Thursday, 2 November.
The Ekurhuleni Metro Police officer was grilled on Wednesday, 1 November, in the North Gauteng High Court about the role he played in the arrest of accused number one, Muzikawukhulelwa Sibiya.
Mshololo pointed out some discrepancies in Buthelezi’s testimony that he was the one who read Sibiya’s rights during his arrests.
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She told the court that according to the form, it was Sergeant Batho Mokgola who read those rights.
“This is contrary to what you have said here in this court. The form itself says who the person who read the rights to the accused, and it’s not yourself,” she said.
Buthelezi responded that it would be a mistake to say that just because he did not write, it meant he did not tell the accused of the rights.
Buthelezi gave evidence of what happened in May 2020 during the arrest of accused number one, Muzikawukhulelwa Sibiya and when accused number two, Bongani Ntanzi, was transported to make a confession statement in June 2020.
Thursday, 2 November | 8:31
EKURHULENI Metro Police officer Constable Jabulani Buthelezi was met with difficult questions from the lawyers of the accused in the killing of Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa in October 2014.
Buthelezi gave evidence of what happened in May 2020 during accused number one, Muzikawukhulelwa Sibiya’s arrest and when accused number two, Bongani Ntanzi, was transported to make a confession statement in June 2020.
During his cross-examination on Wednesday, 1 November, issues on Sibiya’s arrests and the procedures taken by the cops took the spotlight.
Sibiya’s lawyer, Advocate Thulane Mngomezulu, questioned why the accused was detained outside of the jurisdiction of his arrest and why the cops searched Sibiya’s office without a warrant or permission.
Mngomezulu said by law, he should have been taken to a police station in Tembisa. He further said Buthelezi, who gave him permission to search his shack, when they found the ammunition and the magazine.
Buthelezi said Sibiya gave them permission when he pointed them where to look for his ID.
But Mngomezulu questioned why the fridge was opened as per Buthelezi’s testimony.
“We have evidence that you looked inside the fridge. Would you put an ID in the fridge?” asked Mngomezulu.
Buthelezi responded that if it didn’t work, he could.
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“My lord, I must also mention I never said I looked for an ID inside the fridge,” he said.
Responding to the jurisdiction of the arrest, Buthelezi told the court that the investigating officer said they should go to the Vusumuzi Hostel.
“It was not my decision as to where he was supposed to be detained. The investigating officer was there,” he said.
The court also heard that during the tactical arrest of Sibiya, he soiled himself and had to be taken to his shack so he could change trousers.
“You took him to change his pants after you assaulted him, and he messed himself up,” said Mngomezulu.
But Buthelezi refuted the allegations, and he said they only went to Sibiya’s shack once, where he changed his pants and his Carvela shoes to flops.
Lawyer to accused five, Advocate Zandile Mshololo, But the lawyer for the fifth accused, Advocate Zandile Mshololo, pointed out that the form said it was Sergeant Batho Mogola.
“This is contrary to what [you] have said here in this court. The form itself, it says who the person who read the rights to the accused, and it’s not yourself,” she said.
“It would be a mistake to say that just because I did not write, I did not tell the accused of the rights,” Buthelezi rebutted.
The court is still hearing a trial within a trial to establish the admissibility of the confession statement.
Wednesday, 1 November | 7:38
Senzo Meyiwa Trial: 'We confused his mind"
A NEW state witness in the Senzo Meyiwa murder trial-within-a-trial has told the North Gauteng High Court that accused number one Muzikawukhulelwa Sibiya was arrested in a tactical takedown to confuse him.
Ekurhuleni Metro cop Constable Jabulani Buthelezi is one of the officers who arrested Sibiya in Tembisa on 30 May 2020.
Buthelezi told the court that he received a call from Sergent Batho Mokgola requesting help regarding the arrest of a certain person.
He said after sometimes they were told by Mokgola that they had received information on where the suspect was.
The Constable said they were given the colour of his clothes, and they were told the house was on a main road.
Buthelezi said they then drove to the house and found two people standing outside the house.
"Where they were standing is very close to the road. When we approached, we used a tactical takedown. We used a very authoritative voice, so we confused his mind," he said.
Buthelezi said accused number one admitted that he was Sibiya during the arrest, and they then informed him he was being arrested.
"I then informed Muzikawukhulelwa of his rights. I told him that he has the right to find a lawyer who is paid by him. If he cannot afford a lawyer, then the state will provide one for him. I told him he has the right to remain silent," he said.
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He said after the arrest, Sibiya requested to go home and change his trousers, and they also needed his ID. While looking inside his shack, they found ammunition wrapped in plastic.
"Inside the plastic was another plastic attached to it. When I opened the plastic, I discovered an unused live bullet. There was also one magazine and one cleaning rod. It was 9mm rounds. I then informed him I was arresting him for the possession of these live rounds. I then called Mokgola to come in," he said.
Buthelezi said after some time, they needed to go to a hostel, which was not far from where they were. He said they went there to look for a gun which had been given to someone there.
"We asked people at the gate. We were informed that the person we were looking for died a long time ago, it was a friend of the accused. When we heard that the person had died, Mokgola suggested that we go to Vosloorus," Buthelezi said.
"We then proceeded to Vosloorus. I then called some of my men who were near Vosloorus. The reason for this is that we were going into unfamiliar territory, and we needed backup," he said.
Tuesday, 31 October | 11:45
THE cross-examination of the Ekurhuleni Metro Police Special Weapons and Tactics (SWAT) Constable Wendel Jonathan was concluded on Tuesday, 31 October, in the North Gauteng High Court.
Jonathan transported the two first accused in the Senzo Meyiwa murder trial between police stations, confessions venues and to court between May and June of 2020.
The witness has been accused of misleading the court about the events that took place around the time when he escorted the accused.
While he told the court that he only drove them to the designations instructed by investigating officers Brigadier Gininda and Brigadier Mogane, the court has heard how he was part of the officers who were assaulting the witnesses before taking them to the destinations where they would give their alleged confession statements.
Jonathan said if the accused were assaulted in the manner that they claimed they were, they should have opened a case.
He also told the court that he wasn't aware of the allegations levelled against him and that there was no complaint raised against him about this matter.
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Lawyer for accused five Advocate Zandile Mshololo has also accused the witness and his colleagues of being heavily armed that day to intimidate the accused and to make sure that they stuck to the plan of confessing to killing Meyiwa.
Jonathan has since denied the claims and told the court that, when they are on duty, they also wear their full uniform not to intimidate anyone.
When asked why the investigating officers chose him to transport the accused on different occasions.
He said: "It's a matter of trust, my Lord."
Accused two Bongani Ntanzi, through his lawyer, Advocate Thulane Mongomezulu, said the crime doesn't expire as he can still open a case against him.
"Accused two said in isiZulu "iqala aliboli", meaning crime doesn't expire. Have you ever heard about that," he asked.
Jonathan said: "I know that, my lord."
Monday, 30 October | 12:49
Senzo Meyiwa: Accused tortured until he bled-Mngomezulu!
GRUESOME evidence was heard on Monday morning, 30 October, on the assault and torture of accused two Bongani Ntanzi, allegedly by the current state witness Constable Wendell Jonathan.
Jonathan was one of the officers who escorted both accused one and two to the police to make confessions.
During cross-examination, the lawyer for Ntanzi, Advocate Thulane Mngomezulu, put it to Jonathan that his client said he was assaulted, suffocated with plastic and electrocuted until he bled through his nose by the constable and his colleagues.
He said, according to Ntanzi, the torture happened near a petrol station in Alberton in June 2020.
"You took accused two and removed his handcuffs on one hand and tied him on a pole. Then, between yourself and Mabena, there is a person who poured him with water on the front part of his body," Mngomezulu said.
"A plastic bag was put on his face where the tubing continued. There was a device that was used to electrocute the accused. He was electrocuted from his stomach. You, Mr Mabena and Buthelezi were exchanging the use of this device. That's when Gininda told accused two he must tell the truth about the death of Senzo Meyiwa," said Mngomezulu.
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Jonathan insisted that he had no knowledge of that, and the first time he saw the accused was at the Moroka Police Station in Soweto, not in Alberton.
Mngomezulu said Ntanzi was then taken to an area near a dumpsite in Orlando, where the investigating officer Brigadier Gininda forced him to sign a prepared document.
"Mr Gininda took those documents and gave them to Raphadu," said Mngomezulu.
Jonathan then denied the claims.
Mngomezulu told the court that when the witness first came to court, Ntanzi told him that when he sees Wendell, he feels like crying.
"When I see this man, I feel like crying, with the way he was beating me. I'm still traumatised," he said.
Monday, 30 October | 10:40
THE trial within a trial in the Senzo Meyiwa murder case will continue on Monday morning, 30 October in the North Gauteng High Court.
For the past two weeks, the court has been trying to determine if the alleged confessions made by accused Bongani Ntanzi and Muzikawukhulelwa Sibiya were taken freely and voluntarily.
Several police officers and court officials have testified that the two accused gave their confessions willingly.
Currently on the stand is an Ekurhuleni Metro Police (EMPD) Special Weapons and Tactics (SWAT) officer who transported the two accused between police stations, confessions, and court.
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Constable Wendell Jonathan has been accused of being part of the cops that assaulted the accused on separate occasions.
He denied the accusations, telling the court that he only transported the accused on a request from the lead investigator in the case, Brigadier Gininda.
In today’s proceedings, Jonathan will be cross-examined by the lawyer for accused two, Advocate Thulane Mngomezulu.
On Friday, 27 October, Mngomezulu was due to proceed with the cross-examination but suddenly felt sick, and the matter had to be adjourned early.
Speaking to Daily Sun on Monday in court, Mngomezulu said he is feeling better and will be able to proceed with the work of the day.
Friday, 27 October | 15:12
A STATE witness in the Senzo Meyiwa murder trial has insisted that accused two, Bongani Ntanzi did not mention or show any injuries of being assaulted before he made his alleged confession statement.
Before concluding his testimony, Lieutenant-Colonel Mohale Raphadu told the North Gauteng High Court on Friday, 27 October that if Ntanzi insists that he was assaulted, he should have told him that it happened.
“He never complained to me about being assaulted. I even took off his clothes but did not see any physical marks,” he said.
Raphadu also confirmed to the court that there are no pending charges against him relating to the assault that Ntanzi claimed to have suffered.
The lawyer for accused one and two, Advocate Thulani Mngomezulu accused Raphadu of not being properly appointed to take down the statement and did not have the capacity to do so.
This comes after Raphadu told the court that when he introduced himself to Ntanzi, he said he was a top cop as he was appointed by former President Thabo Mbeki.
Raphadu concluded his testimony, and the state introduced another witness, Ekurhuleni Metro Police Department's Constable Nkosingiphile Maphumulo.
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Maphumulo is one of the first cops to be called by the lead investigating officer in the case, Brigadier Gininda to drive accused one, Muzikawukhulelwa Sibiya to Diepkloof Police Station, where he allegedly made his confession statement.
He said he was on duty on 30 May 2020 doing crime prevention when they received a call from Gininda to meet him at a certain place.
“We had a discussion with Gininda. He then informed us that there is a suspect we need to transport to Diepkloof Police Station. He handed over the suspect, we didn’t ask for his name,” he said.
He said they handed over Sibiya to a cop, Lieutenant-Colonel Mhlanganelwa Moses Mbotho, who took the suspect to an office, but they were not allowed to come in.
“We sat for a while in the car and were called by Mbotho that my colleague should come to the office to fetch the suspect we came with, he said.
Asked if he saw any injuries on Sibiya before and after they handed him over to Mbotho, Maphumulo answered no, there were no visible injuries.
Like Raphadu, Maphumulo was also accused of assaulting Sibiya, which he denied and confirmed that there was no case levelled against him by the Independent Police Investigative Directorate.
Friday, 27 October | 10:57
THE Senzo Meyiwa murder trial is continuing in the North Gauteng High Court on Friday, 27 October, with state witness Lieutenant-Colonel Mohale Raphadu being cross-examined by Advocate Zandile Mshololo, the lawyer for accused five.
Raphadu previously gave evidence on the confession allegedly made by accused two, Bongani Ntanzi at Moroka Police Station in Soweto in 2020.
He told the court that Ntanzi was sober, happy and free when he confessed to him.
But Ntanzi's lawyer, Advocate Thulani Mngomezulu, disagreed, stating that some of his client’s important rights were never read to him as required by law.
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He also told the court that Ntanzi gave instruction that he was assaulted by Raphadu when he was forced to make a confession.
Mngomezulu argued that Ntanzi was tortured and beaten into signing a confession statement, which was already written at a dumping site in Orlando, Soweto.
Mngomezulu said: “The instruction from Brigadier Gininda to the accused was that if you don’t sign these documents, the assault will carry on.”
Raphadu denied any knowledge or involvement of the accused's torture to force him to sign the confession statement.
He has also denied that the lead investigator in this case, Gininda, brought to him confession statements for the accused to sign.
Wednesday, 25 October | 14:15
Senzo Meyiwa Trial: Cop stands the heat
LIEUTENANT-COLONEL Nkosikhona Hadebe has concluded his testimony after being grilled by the defence attorney representing accused five in the Senzo Meyiwa murder trial.
Hadebe was accused of forcibly taking accused one Muzikawukhulelwa Sibiya out of his cell to a "pointing out".
Mshololo asked Hadebe if he asked for Sibiya’s permission before booking him out of the holding cell.
She further asked what his response to the request was.
“We're asking this because we are dealing with the issue that according to the state, he voluntarily gave himself to you and there is nowhere where you have recorded that he agreed to go with you,” she said.
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Hadebe responded that he did ask him to come with him to the office, and the accused did not refuse.
Mshololo asked about Section 35 of the Constitution, which deals with the rights of the accused.
She further asked what exactly was explained to Sibiya because he was initially arrested for a drug charge.
“Do you agree that you never informed the accused of the allegation? And did he, at any stage, tell you he was arrested for murder?” asked Mshololo.
Hadebe told the court that no he did not inform the accused about the allegations against him.
Mshololo then went over the rights of the accused that were explained.
"I'm saying the accused's constitutional rights were not explained to him in a manner that he understood,” she said.
She argued that Sibiya had not been properly informed about the nature of the "pointing out" and the potential consequences of his cooperation, specifically that any information revealed could be used against him in court.
Hadebe countered by saying: “I'm convinced that he understood. He was explained about his rights when he was arrested and again when he was taken for the pointing out."
Wednesday, 25 October | 11:34
THE defence lawyers in the Senzo Meyiwa murder trial have cast doubt on the police officer’s experience, including his paperwork.
This comes after Lieutenant-Colonel Nkosikhona Hadebe was grilled on the stand during a cross-examination on Tuesday, 24 October by the lawyers representing the five men accused of killing soccer star Meyiwa in October 2014.
Nkosikhona, who conducted the pointing out of the scene with accused one Muzikawukhulelwa Sibiya in June 2020, came to the North Gauteng High Court to testify on that investigation.
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Hadebe told the court that in his 34 years’ experience, he had only conducted four pointing out sessions, giving the defence a loophole to question his expertise.
Lawyer for accused three, Advocate Charles Mnisi, said he was in his "baby stages" when he conducted the pointing out with Sibiya.
But Hadebe disagreed with him and said he knew what he was doing.
Hadebe is expected to return to the witness stand on Wednesday, 25 October, for cross-examination by the lawyer for accused five, Advocate Zandile Mshololo.
Tuesday, 24 October | 11:05
THE trial within a trial in the murder case of former Bafana Bafana Captain Senzo Meyiwa is resuming in the North Gauteng High Court in Tshwane on Tuesday, 24 October.
The court is currently hearing arguments into the admissibility of confessions made by accused number one, Muzikawukhulelwa Sibiya and accused number two, Bongani Ntanzi, regarding their alleged involvement in the murder of the soccer star in October 2014.
The two have denied making any confession freely, claiming they were tortured by the police in an effort to force them to admit to the crime they allegedly knew nothing about.
But several witnesses have already taken the stand, including police officers, a magistrate and court interpreter, who claimed the accused seemed willing to make the confessions.
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Currently on the stand is Lieutenant-Colonel Nkosikhona Hadebe, who told the court he was the one who booked out Sibiya in 2020, to go and point out the crime scene.
In his evidence, he told the court that when he went to fetch Sibiya at Villieria Police station in Tshwane to Alberton Police station, none of the other police officers wanted to hand him over out of fear that he might escape, so he signed him out himself.
He also demonstrated in court through pictures that Sibiya had no injuries at the time he booked him, including when he brought him back to the police station.
But according to Sibiya's lawyer, Advocate Thulani Mngomezulu, his client was assaulted and was forced to do the pointing out.
Mngomezulu will continue to cross-examine Hadebe this morning.
Monday, 23 October | 16:10
Senzo Meyiwa Trial: Witnesses back up each other's testimonies
ANOTHER witness in the Senzo Meyiwa murder trial has confirmed that accused two Bongani Ntanzi gave his confession statement willingly and in the presence of his lawyer.
Tshepiso Motlhaping, a court interpreter at the Boksburg Magistrates Court, gave a brief testimony in the North Gauteng High Court on Monday, 23 October.
The interpreter was with the accused, his lawyer and Magistrate Vivian Cronje on 24 June 2020 when Ntanzi allegedly made the confession on the crime that claimed the life of Orlando Pirates and Bafana Bafana captain in October 2014.
Motlhaping told the court that she was called to interpreter for the accused and Cronje.
She said a police officer and a man wearing a suit came into the office and the man in the suit introduced himself as the accused's lawyer. She said when they started the confession, only her, the magistrate, the man in the suit and the accused were present.
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Asked by the state prosecutor Advocate George Baloyi about her overall observation of the accused, Motlhaping said he appeared to her as someone who really wanted to speak.
She said when asked if he wanted to continue to give evidence, his words were: "Yes sister, I want to continue to talk."
Motlhaping also said the accused signed a statement alongside the magistrate and her once they were done.
None of the defence lawyers cross-examined Motlhaping. The state called another witness, Lieutenant-Colonel Nkosikhona Hadebe.
Hadebe told the court that he was called to take accused one Muzikawukhulelwa Sibiya to point out the crime scene. But Sibiya’s lawyer, Advocate Thulani Mngomezulu told the court that the pointing out was not done willingly.
He said he received instructions from his client that on 5 June 2020 the accused was transported from Villieria Police station in Tshwane to Alberton, and then moved to a certain place. From there, he was taken to the Sotho Hostel in Vosloorus and was subjected to torture.
“According to my instruction, the accused was never explained his constitutional rights and it’s my instruction that he signed the proforma and was forced to do so,” said Mngomezulu.
He further said the accused was assaulted by putting a tube and a plastic in his face.
But Hadebe said he didn’t know anything about the accused's assault.
Monday, 23 October | 13:31
STATE witness Vivian Cronje has concluded her testimony regarding the confession statement made by accused two Bongani Ntanzi with regards to the killing of Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa.
Before concluding her testimony, Cronje admitted to the court that the heavily armed Ekurhuleni Metro cops refused to show her their appointment cards when she asked to see them.
The cops were part of the group of officers that accompanied Ntanzi to Boksburg Magistrates Court to give his confession statement.
Cronje said as she didn’t know the people who accompanied Ntanzi, she asked that they show her some identification.
She said instead, the Metro cops left the court.
During cross-examination by the lawyer for accused five Advocate Zandile Mshololo, Cronje was asked why she continued to take Ntanzi’s statement even after he mentioned that he has not been taken to see a magistrate as per the law since his arrest.
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Cronje said Ntanzi told him that he was arrested on 16 June and was only brought to the magistrate on the 24 June.
“I noted that down and told the senior magistrate as it was beyond my powers to have him released. And it was just a one-sided version,” she said.
Mshololo further asked her after Ntanzi told her that he hasn’t taken a bath for over a week and needs to speak to his family, did she act on those grievances.
“Why did you continue taking down the statement even after he talked about his grievances. Is that not an infringement of his rights?” asked Mshololo.
Cronje said the accused was with his lawyer and it seemed to her like he understood his rights. “When he came in, he was willing to talk and I didn’t want to interrupt the proceedings,” she said.
A new state witness, court interpreter Tshepiso Motlhaping, took to the stand.
Motlhaping was present when Ntanzi allegedly gave the confession. She was interpreting for Cronje and him.
Monday, 23 October | 10:56
Senzo Meyiwa Trial: Magistrate back in the hot seat
THE cross-examination of state witness Magistrate Vivian Cronje in the Senzo Meyiwa murder trial will continue in the North Gauteng High Court on Monday, 23 October.
Cronje gave evidence that accused two, Bongani Ntanzi, gave his confession statement to her in June 2020.
She said he did that willingly and in the presence of his lawyer.
However, Ntanzi refuted the claims, stating that he was forced to make the confession but didn't sign it.
He also told the court that it is not true that he was in the presence of his lawyer.
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Two of the four defence lawyers told the court that they do not have any questions for Cronje.
Today, accused five's lawyer, Advocate Zandile Mshololo will be starting with her cross-examination.
The proceedings are currently dealing with a trial within a trial, where the court will decide if the alleged confessions made by the accused should be admitted as evidence after the accused claimed they were forced to make them.
Friday, 20 October | 16:15
Senzo Meyiwa Trial: Magistrate faces tough questions!
THE cross-examination of state witness Magistrate Vivian Cronje in the Senzo Meyiwa murder trial got heated in the North Gauteng High Court on Friday afternoon, 20 October.
This after the lawyer for accused one and two, Advocate Thulani Mngomezulu, grilled her with questions.
Mngomezulu told Cronje that his client, Bongani Ntanzi, refutes that he signed the written confession.
He said his instruction from the accused was that he had never attached any initials, and he didn't sign that statement.
Referring Cronje to the statement, Mngomezulu said there’s no signature of the deponent on page 6.
Mngomezulu further said the signature that appears on page 8 is in dispute.
“The accused left that office without appending a signature to any document,” he said.
Mngomezulu handed the witness a pro forma statement, which includes a confession statement and said it was signed differently from the one done by the witness when she took down the confession from Ntanzi.
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Cronje said it was an absolute lie that he didn't sign or initial.
She said this was done in the presence of an interpreter and Ntanzi’s lawyer.
“If they were to be called in court, they would support my testimony,” she said.
Cronje said that Mngomezulu is showing her a statement where a thumb is put and is satisfied with that.
“You show me where a person puts initials, and you are not satisfied with that. Unless I'm missing something,” she said.
Cronje further said: “Even if he had signed, you would still have disputed it. I wrote here, Mjiyako, and you still dispute it. I don’t see how you’d now accept it if he’d signed. I respect the fact that it’s your instruction, but a signature would still have not made any difference to you and your client,” she said.
The witnesses admitted that Ntanzi didn't sign the first seven pages but wrote his initials, and there was no legal requirement for him to sign.
Friday, 20 October | 14:55
ACCUSED two in the Senzo Meyiwa Murder trial is accused of lying.
State witness Magistrate Vivian Cronje is confident that the accused, Bongani Ntanzi, is not telling the truth.
This comes after he denied being in the presence of a lawyer when he made his alleged confession statement.
On Tuesday, 17 October, when giving her evidence in chief, Cronje said when Ntanzi was brought to her to make the confession statement, he was with his legal representative.
When cross-examining Cronje on Friday, 20 October, Ntanzi’s lawyer Advocate Thulani Mngomezulu said his client denied he had a lawyer that day.
"It's my instruction he was not representative in that case, and he doesn't know Mr Mjiyako," he said.
Cronje responded: “If that's your instruction, then your client is not telling the truth."
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Mngomezulu asked Cronje whether she made a copy of Mjiyako's papers, which he presented to her as the accused’s lawyer.
He asked further if she gave them a chance to consult before taking down the confession.
Responding to Mngomezulu, Cronje said: “Sir, you listened to the record. You know that both parties told me that they had done it. So, the answer to your question is short and sweet. It was done."
Mngomezulu went to ask if the confession pro forma document, a document filled in before a confession – contains a question on whether the confession was given freely and voluntarily.
Cronje said while that specific question is not there, as stated by Mngomezulu, there is a good question, which, in a nutshell, answers that question.
She said the question asks the person giving the confession if they were ever threatened or persuaded, and if anything had been done to influence them and that if so, she would make sure it is recorded.
The cross-examinations continue.
Friday, 20 October | 12:20
Senzo Meyiwa Trial: Judge rules against the state!
THE North Gauteng High Court has ruled that the audio recording of accused two's confession in the Senzo Meyiwa murder trial is inadmissible.
Presiding Judge Ratha Mokgoatlheng ruled the audio recording would not be admitted as evidence in a trial within a trial.
He said it's not in the interest of justice and puts the administration of justice into disrepute.
"It's not in the interest of justice for this court to wait for evidence to be laid in a full-throttle application.
"In this case, I'm of the view that accused number two's rights to a fair trial were infringed by the making of the audio recording,” he said.
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The recording was made by state witness Magistrate Vivian Cronje in 2020 when she was taking the accused confession statement.
Cronje had told the court that the accused and his then lawyer were not aware that the confession was being recorded.
She said she was doing it for her safety.
The court has now resumed, with the defence lawyer cross-examining the magistrate on the testimony in chief she gave on Tuesday, 17 October.
Friday, 20 October | 10:34
Senzo Meyiwa Trial: Secret recordings judgment
ON Friday, 20 October, the North Gauteng High Court is set to deliver judgment on the admissibility of a crucial audio recording in the Senzo Meyiwa murder trial.
This recording contains accused two Bongani Ntanzi, confessing to the crime.
This comes after the state and the defence lawyers made arguments in court about the recording on Thursday, 19 October.
The recording was made by Magistrate Vivian Cronje in 2020 when she was taking the accused confession statement.
Cronje had told the court that the accused and his then lawyer were not aware that the confession was being recorded.
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She said she was doing it in her own personal capacity.
Ntanzi’s lawyer, Advocate Thulani Mngomezulu, argued that the accused's two rights were violated by the taking of the recording without his knowledge.
"These tape recordings should be excluded in a sense that they will infringe the rights enshrined in the bill of rights,” he said.
Advocate Zandile Mshololo, representing accused five, also argued on the violation of rights.
"Those constitutional rights ought to have been explained to the accused before the recording was made, until such a ruling has been made, the video recording, which was unconstitutionally obtained, should not be played to the court because it contains incriminating evidence,” she said.
Thursday, 19 October | 13:40
Senzo Meyiwa Trial: Lawyers fight over confession audio!
ARGUMENTS on the admissibility of an audio recording capturing the alleged confession of accused two Bongani Ntanzi became a burning issue in the North Gauteng High Court on Thursday, 19 October.
The defence lawyers of the five men accused of killing the Bafana Bafana captain, Senzo Meyiwa, in October 2014, argued in court that the recording should not be admitted as evidence.
The audio was captured by the current state witness, Magistrate Vivian Cronje, in June 2020 when she was taking down Ntanzi’s confession statement on the murder.
State prosecutor Advocate George Baloyi presented the state’s head of arguments on the admissibility of the recording.
Baloyi said it has not been raised to this point that the recording is false.
“We submit that the state should be allowed to play the recording,” he said.
Presiding Judge Ratha Mokgoatlheng asked Baloyi if he was saying the procurement was not in conflict with the law, to which Baloyi agreed and mentioned the RICA Act.
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Baloyi said: "We also have the evidence of Ms Cronje, who confirms the correctness of the copy."
He continued to say they, therefore, submit that the recording by Cronje is real evidence and the recording should be viewed as a tape recording of proceedings.
"We make a submission that the recording is similar to tape recording in nature,” said Baloyi.
He said that the recording can be used to determine whether accused two made the statement freely and voluntarily.
The judge asked Baloyi about the invasion of accused two's right to privacy and whether that recording doesn't affect that.
Baloyi said that accused two's privacy was not invaded because he was giving a statement to a magistrate.
Ntanzi’s lawyer, Advocate Thulani Mngomezulu, argued that he'd oppose the application because they're also disputing that the statement was made freely and voluntarily.
Mngomezulu said the duty of the magistrate was to take the statement in writing.
“There's no provision made for a recording. The recording must be ignored,” he said.
The audio in question is believed to have details of the plot to murder Meyiwa, the people involved, including the alleged mastermind.
Wednesday, 18 October | 17:52
State make U-turn!
THE Senzo Meyiwa murder trial has suffered another delay.
This comes after the state made a U-turn on the use of the recording of the confession made by accused two, Bongani Ntanzi.
State witness Magistrate Vivian Cronje made the recording without Ntanzi’s permission. Initially, the state had told the court that it didn't intend to use it.
But this morning, the state told the court that they want to submit the audio to be admitted as evidential value.
The audio is believed to have details of the plot of the murder, including the alleged mastermind.
The defence team objected to the state’s use of the audio and accused them of ambush since they said they wouldn’t use it.
Lawyer for accused one and two, Advocate Thulani Mngomezulu, said firstly, they were told it was for official use, and secondly, they were told that the state had not intended to use it.
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“In this case, it was apparent that the evidence of the magistrate had to be tested. Prior to the testing then comes evidence that requires an expert,” he said.
Mngomezulu argued that the court should not allow the state’s submission as it wasn't in line with the principles of justice, fairness and the right to a fair trial.
Presiding Judge Ratha Mokgoatlheng ruled in favour of the state on the use of the recording and requested that he also listen to the audio.
The defence team requested the court to adjourn early so they could listen to the recording with their clients and get further instructions.
The matter has been postponed to Thursday, 19 October.
Wednesday, 18 October | 12:25
Senzo Meyiwa Trial: Magistrate in the hot seat!
THE Senzo Meyiwa murder case will be continuing in the North Gauteng High Court on Wednesday, 18 October.
A three-hour audio is expected to take centre stage as the defence counsel cross-examines the state witness, Magistrate Vivian Cronje.
The audio recording was brought to light on Tuesday, 17 October, when Cronje told the court that she recorded the taking down of the confession statement by accused two Bongani Ntanzi without his knowledge.
While the state said they had no intention of using the audio as evidence, the lawyer of the five accused said they wanted to listen to it, and they will decide if they want the court to admit it or not.
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Cronje told the court that Ntanzi willingly gave a confession in the presence of his lawyer in 2020 relating to the murder of the Bafana Bafana and Orlando Pirates captain Senzo Meyiwa.
But Ntanzi has told the court that the confession was done under duress after being tortured for almost a month by the police.
Tuesday, 17 October | 17:05
THE North Gauteng High Court heard on Tuesday, 17 October that accused two in the Senzo Meyiwa murder trial was sober and relaxed when he made a confession about the crime that claimed Meyiwa's life.
Giving her testimony, a new witness, Magistrate Vivian Cronje, told the court that when she took down Bongani Ntanzi’s statement on 24 June 2020, he seemed relaxed, free and always kept eye contact.
She said he had no new visible injuries on his face or hands and some of the injuries are from when he was young and from the mine shaft where he worked.
Ntanzi previously told the court he was assaulted and tortured to make a statement admitting to the crime.
On Tuesday, his lawyer Advocate Thulani Mngomezulu told the court that the statement should not be allowed to be used as evidence as it was allegedly done under duress.
He said the deponent did not sign the statement, it was not made freely and voluntarily by the accused.
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But Cronje gave a different version of this and said Ntanzi arrived in court accompanied by his lawyer, Ntokozo Mjiyako, Sergeant Vusumuzi Mogane and a group of Ekurhuleni Metro Police Department (EMPD) officers.
She told the court that in the room where they took down the statement, only her, a Zulu interpreter, Ntanzi and Mjiyako, were present while two officers stood outside.
Cronje said: “I started with the document where I described the person in front of me, his clothing and his conduct. He was very relaxed, calm and maintained eye contact when asked questions.”
She said Ntanzi made the request to contact his family, call his child, take a bath and have a change of clothes.
“After all was written down after I asked him if he was satisfied with the contents of the statement, I then asked him to sign each and every page in my presence and the presence of his legal representative, Mr Mjiyako,” she said.
Cronje confirmed that proceedings of when the confession was taken down were recorded, however without the knowledge of the other parties.
The matter adjourned until Wednesday, 18 October and the magistrate will be cross-examined by the defence team after they have listened to the recording.
Tuesday, 17 October | 10:15
A MAGISTRATE from Vosloorus in Ekurhuleni will take the stand as the hearing on the admissibility of evidence continues in the Senzo Meyiwa murder trial in the North Gauteng High on Tuesday, 17 October.
The magistrate is expected to give evidence on the confession allegedly made by accused two Bongani Ntanzi in 2020.
Although Ntanzi, through his lawyer, has contended that all the confessions he allegedly made were done under duress, he claimed he was tortured and assaulted for almost a month until he gave in and confessed.
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He claimed that he had no hand in the crime that led to the death of the soccer star and that he wasn't even in Gauteng the day the alleged botched robbery happened.
The magistrate’s testimony comes after two other state witnesses gave evidence on the alleged confession made by Ntanzi’s co-accused, Muzi Sibiya.
LAWYER for accused one and two in the Senzo Meyiwa murder trial has called for more manpower as the state turns up the heat.
As the matter was supposed to continue on Monday, 16 October in the North Gauteng High Court, Attorney Sipho Ramosepele announced that a new advocate, Thulani Mngomezulu, would assist him moving forward.
Mngomezulu told the court that since he is new to the case, he needs a day to consult with his clients and get instructions.
Currently, the case is hearing evidence on the admissibility of the alleged confessions of the first two accused.
According to the state, the accused have made statements where they admit having been part of the crime, which led to the death of the Bafana Bafana and Orlando Pirates goalkeeper in October 2014.
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But the accused, through their defence, have told the court that they were forced to make the statements and know nothing about the death of the soccer star.
The state has so far called two witnesses, who told the court that accused number one made the statement willingly and freely.
Regarding the testimony, Advocate Mngomezulu said he might need to cross-examine the two witnesses, retired Colonel Mhlanganyelwa Mbotho and Ekurhuleni Metro Police Constable Thapelo Monareng, who testified on Friday, 13 October, when the trial within a trial began.
"I'm ready to proceed as from tomorrow as arranged in relation to the evidence of the magistrate, and I was going to bring an application for the recalling of Conel Mbotho, who has already testified on Friday together with Sergeant Monareng,” he said.
Presiding Judge Ratha Mokgoatlheng ordered that Mbotho and Monareng be recalled for a date to be determined.
The matter has been adjourned for Tuesday, 17 October and a magistrate is expected to testify about accused number two, confessing in her court.
Friday, 13 October | 15:30
Senzo Meyiwa Trial: Accused understood his rights - witness!
ACCUSED one Muzikawukhulelwa Sibiya has claimed in the murder trial of Senzo Meyiwa that he was assaulted by a group of police officers, which led to him making a confession.
His lawyer, Attorney Sipho Ramosepele, said during cross-examination of state witness Colonel Mhlanganelwa Moses Mbotho his client instructed him that he was assaulted at Tembisa Police Station on 30 May 2020 after he was arrested and taken to Vosloorus cop shop where he was also assaulted and taken to Soweto, where the assault continued.
"The said assault and torture were done so that he can implicate himself on the crime he didn't commit. And when you stepped into the room, the assault and torture stopped and then you called the accused one on the side. You had documents with you, and you told him that if he doesn’t sign the documents, these men won’t stop," Ramosepele said.
The lawyer further said Mbotho had said the accused was suffocated with a plastic sheet by the officers, which resulted in him signing the confession and it was not read to him as Mbotho had claimed.
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Ramosepele: "He said the process took about 10 minutes because the confession was already prepared. He signed and his thumbprint was taken."In response to Sibiya's allegations and claims, Mbotho said this was far from the truth.
"If things happened, he had all this time to tell me as a neutral person, but he didn’t. That's far from the truth, my Lord. When he says I stepped in during the assault, it means I found him there, but the truth is that the room was empty when I got there, and he found me in that room.
"I can't comment on other police stations, but I will comment on the Soweto station. I don’t know which CSC commander would allow police officers he does not know to assault a person near a place that members of the community can see," he said.
Mbotho said that if Sibiya had been assaulted first in Tembisa by a group of police officers and then attacked again in Vosloorus and in Soweto, he would not have got there on foot but would have been accompanied by an ambulance.He said he doesn’t believe any of this happened because he should have said so, but he didn’t."To me, what he is saying means it never happened. I asked him and he never told me, and he can never say he forgot," Mbotho said.After Mbotho finished his testimony, the state called its second witness, Nakedi Thapelo Monareng.
Friday, 13 October | 13:55
Senzo Meyiwa Trial: Accused understood his rights - witness!
ON Friday 13 October, the first state witness in the trial of the murder of Senzo Meyiwa took the stand in the North Gauteng High Court.
Former Colonel Mhlanganelwa Moses Mbotho took the stand as one of the police officers who took a confession allegedly made by accused one, Muzi Sibiya's May 2020 about the killing of Meyiwa.Mbotho told the court that the accused was brought to him by the lead investigator in the case, Brigadier Gininda, so that he could capture Sibiya’s statement as he wasn't involved in the investigation.
The witness said before he started with the statement, he asked the accused if he knew why he was arrested and Sibiya said "for shooting a person".Before Mbhotho could continue with his testimony, Presiding Judge Ratha Mokgoatlheng said the statement was not admissible in court for now as the accused had incriminated himself before being read his rights.ALSO READ: Confessions to take centre stage!
Mbotho said everything was done according to the law - Sibiya’s rights were read out and he was also warned according to the constitution before he could start speaking.Mbotho said he also asked him if he wanted a lawyer before he started making the statement and Sibiya said no."He told me that he doesn’t need a lawyer at the moment, but he has one called Nkuna, but at the moment he doesn’t need his services, he just wants to talk,” Mbotho said.The former colonel also told the court that the accused was sober and of sound mind when he made the statement.
When asked if he had any injuries, he replied and said yes, on both hands caused by the handcuffs.“I confirmed that he had injuries on both hands and I loosen the handcuffs. He also confirmed that he was not threatened or assaulted to make the statement."He said the accused was relaxed during the statement and had a positive attitude.Mbotho said after he made the statement, Sibiya was given the statement back to read, correct and change some parts that he felt needed to be fixed.
Friday, 13 October | 11:15
Senzo Meyiwa Trial: Confessions by accused to take centre stage!
THE Senzo Meyiwa murder trial resumes in the North Gauteng High Court on Friday, 13 October.
Arguments are expected to be made in the admission of the alleged confessions by accused one and two.
The matter will be heard as a trial within the trial begins, putting the main on hold.
The trial within a trial will determine the admissibility of alleged admissions and confessions by Muzikawukhulelwa Sibiya and Bongani Ntanzi on what exactly happened on the night the soccer star was killed.
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On Wednesday, 11 October, the matter was postponed after the lawyer for the two accused said he was not ready and needed time to prepare for arguments.
He told the court that the confessions allegedly made by his clients were done after they were assaulted by the police.
He said his clients were forced to make them after being beaten and tortured for days.
If the admission of the confessions is granted, the court could hear more damming evidence, and the alleged mastermind of the crime might be mentioned.
Wednesday, 11 October | 13:49
Senzo Meyiwa Trial: ‘I was moered to accept’
THE Senzo Meyiwa murder trial has been postponed to Friday, 13 October, for the start of a trial within a trial.
This is to determine whether the alleged "confessions" made by accused one, Muzi Sibiya and accused two, Bongani Ntanzi, will be admissible in court.
The state wants to present the confessions and a pointing out made by Sibiya at the alleged crime scene and what transpired that day.
Lawyer for accused two, Attorney Sipho Ramosepele, said his client denies making a statement or a confession.
Judge Ratha Mokgoatlheng told Ramosepele that he must be clear as to whether he is saying his client never made a statement or made a statement, but it was not voluntary.
"My client says a statement was brought to him, and he was beaten to accept that statement. My lord, my client was assaulted over a period of time," said Ramosepele.
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This trial within a trial was meant to start on Wednesday, 11 October, but Ramosepele requested a postponement to prepare.
This agitated Mokgoatlheng, who said Judge President Aubrey Ledwaba was concerned about the pace of the trial.
Mokgoatlheng said this case is from 2014, and the dragging of it is blocking other trials from proceeding.
"The JP is worried about the pace this trial is taking. It has paralysed the judge, the prosecutor and the counsels who have other matters to attend to," he said.
The judge further said this case needs to take priority unless the lawyers have a case that happened before 2014.
"If you're going to tell me that you have a case that you need to deal with, it must be a case that started in 1902. You can't tell me you are not available for a case that started eight years after this one," he said.
The judge further said everyone knew that the state would commence with issues of the trial within a trial.
Ramosepele said he needs a day to prepare, and other counsels said they don't need time.
The matter adjourned until Friday, 13 October.
Wednesday, 11 October | 12:14Senzo Meyiwa Trial: Bank officials to be subpoenaed!
THE North Gauteng High Court has ruled that bank officials must be subpoenaed to court to testify about the bank statements of accused two, Bongani Ntanzi.
This came after the state prosecutor, Advocate George Baloyi, made a submission for Ntanzi's bank records to be admitted as evidence in court.
But Ntanzi’s lawyer, Attorney Sipho Ramosepele, objected on the grounds that some transactions had been removed from the bank statement.
Ramosepele told the court that his client had said he had applied for a loan in KwaNongoma in KZN on the weekend that Senzo Meyiwa was shot dead.
These transactions were to prove Ntanzi’s alibi that he was in KZN on the weekend Meyiwa was killed.
Baloyi wanted the statement to be verified, but Ramosepele claimed that the loan Ntanzi applied for during that period does not reflect in the statements and wants the court not to admit the current statement until the bank provides him with the 'correct statement'.
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He said due to financial constraints, they were not able to get a forensic expert in chartered accounting to help them prepare the statement.
Presiding judge Ratha Mokgoatlheng told Ramosepele that he had the right to challenge the statement, but he could not stop the state from leading this evidence.
He said the state had implied the bank statement as prima facie evidence and therefore Ramosepele did not have to accept it but could challenge it by citing the bank officials in court.
"You have a right to subpoena the bank officials," he said.
Mokoatlheng ordered the State to subpoena the officials before they continue with the new evidence relating to the bank statements.
Wednesday, 11 October | 8:55
Senzo Meyiwa: Ntanzi's former boss takes the hot seat!
FORMER employer of one of the Senzo Meyiwa murder accused, Bongani Ntanzi, has confirmed to the North Gauteng High Court in Tshwane that he had taken unpaid leave on the week after Meyiwa was gunned down.
Hendrik Mulder, a Human Resource manager at Sibanye Gold in North West, is the current state witness in the trial.
On Tuesday, 10 October, he told the court that he made a statement with the police that Ntanzi took time out from work without notifying them, but as he was preparing to come to testify, he then realised he made a mistake.
"From Ntanzi's file, I saw that he actually applied for an unpaid leave starting from 27 October 2014 until 31 October 2014. The leave was approved by his supervisor and the HR," he said.
According to the clocking logs shown by Mulder, Ntanzi, on his last day at work on 25 October 2014, he left work early.
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Mulder said he clocked in at around 4am and clocked out just after 6am. He said no reason was given on why he left work early.
While cross-examining Mulder, Ntanzi's lawyer, Attorney Sipho Ramosepele, said his client told him that the reason he left early was because he was planning on travelling to Kwa-Zulu Natal
"I got an instruction from my client to tell you that he and his supervisor had an arrangement that when a worker was going on leave and planned to travel outside the province they would leave work early," said Ramosepele.
Mulder responded that he did not know about that arrangement and couldn't confirm if it's true.
The state witness is expected to be cross-examined by other defence lawyers this morning, Tuesday, 11 October, before Ntanzi's bank statements get the spotlight.
Tuesday, 10 October | 13:15
THE DNA of all five accused in the Senzo Meyiwa murder trial has been excluded from all the samples collected at the Vosloorus crime scene where Meyiwa was shot dead.
This was revealed by the DNA and forensic expert Phineas Masetla before concluding his testimony in the North Gauteng High Court on Tuesday, 10 October.
Masetla said all the swabs and the scotch that he tested excluded all the accused, as they did not get the full profile match in all the regions of the swabs.
He said from what he gathered, accused one Muzi Sibiya’s DNA profile read six out of 16, partially including him on some of the regions.
He said accused two Bongani Ntanzi's DNA profile read 10 out of 16.
Accused three Mthobisi Mncube read seven out of 16, while accused four Mthokoziseni Mapisa got four out of 16, and accused number five Sifisokuhle Ntuli DNA profile read five out of 16.
“We're excluding them all on both the hat and the swab,” he said.
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Masetla said this automatically excludes all of them because their profile needed to be 100%, not partial inclusion.
“We include and exclude, where we don't exclude, then we say no conclusion,” said Masetla.
He further said for a conclusive determination to link a person to a DNA, the person must be read in all the regions of the DNA.
State Advocate George Baloyi asked Masetla if there are any factors where a suspect’s DNA is not found on the crime scene.
Masetla responded: “If your DNA is not on the scene, using my common knowledge, then you didn't touch anything at the scene, and I wouldn't want to go into that."
He also explained that no region is more important than the other, stating that they attach importance to all the regions put together.
“For us, to say you are a contributor, you have to be read in all the DNA regions,” he said.
Tuesday, 10 October | 11:30
Senzo Meyiwa Trial: DNA expert continues to give evidence!
THE murder trial of Senzo Meyiwa continues in the North Gauteng High Court on Tuesday morning, 10 October.
The matter will proceed with forensic and DNA analyst Phineas Masetla giving his evidence on the DNA results from the crime scene where Meyiwa was shot.
On Monday, 9 October, Masetla told the court that the DNA found on the hat allegedly left by one of the intruders rules out all five accused.
Masetla is expected to get deeper on his findings.
Before Masetla could take the stand on Monday, cellphone analyst Sergent Vusimuzi Mogane was called to testify, but lawyer for accused five Advocate Zandile Mshololo objected.
Mogane was to testify on the data downloaded from the cellphone of accused two Bongani Ntanzi and accused five, Sifisokuhle Ntuli.
Mshololo objected on the grounds that her client was prejudiced by the State's failure to disclose all evidence or statement so that she could advise and prepare her client's defence in relation to the confiscated cellphone allegedly belonging to her client.
"The evidence of this witness forms part of cellphone evidence that was discovered to us last week. It appears Mogane's statement is part of the bundle we were given," she said.
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Mshololo further said that she wants to be furnished with the outstanding statement from Vodacom regarding the cellphone number the state alleges belongs to her client before the next cellphone data expert testifies so that she could prepare a proper defence.
Lawyer for accused three, Advocate Charles Mnisi, said his client is also being prejudice because the state doesn't have its duck in a row.
"As things are now, we're expecting new evidence. The state must be open. We are expecting yet another surprise in this investigation that is still ongoing. The fair trial the accused should be enjoying is not happening,” he said.
The court ruled that Mogane’s testimony be kept on ice until the defence has all the required information.
Monday, 9 October | 17:34
Senzo Meyiwa Trial: DNA excludes Kelly Khumalo
FORENSIC and DNA analyst Phineas Masetla has told the North Gauteng High Court in Tshwane that DNA from the checkered hat found at the scene excludes all the five suspects.
Masetla took the stand on Monday, 9 October, to give evidence on the DNA findings that were taken at the crime scene where soccer star Senzo Meyiwa was gunned down.
He told the court that from the checkered hat, which according to some of the witnesses was left by one of the intruders, none of the accused's DNA was positively linked to the incident.
“The results exclude the suspects,” he said.
He further said two mixtures of profiles were found on the hat. Talking about the swab taken from the door handle, he said Gladness Khumalo, singer Kelly Khumalo’s mother, was included in that swab.
“Even when we have the XY, we did find her DNA can also be found in that particular handle,” he said.
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He said they found the DNA of Kelly's sister Zandie Khumalo and Meyiwa on the scene, while he excluded, Mthokozisi Thwala, Tumelo Madlala, Longwe Twala and Kelly.
“Mthokosizi Twala is excluded from all the samples, Kelly Khumalo is also excluded from all the samples, Tumelo Madlala is also excluded from all the samples, Longwe Twala is also excluded from all the samples. Zandile Khumalo is included from the Smirnoff can,” he said.
These are the people who were in the house during the alleged botched home invasion.
He further excluded three of the suspects, accused number 1, 4 and 5.
Masetla further said there was a jacket from Zamokuhle Mbatha that matched their DNA, while another jacket found at the scene had no DNA.
“There were also crutches, on which there was not enough DNA,” he said.
These are the same crutches that belonged Madlala and were allegedly used by Zandie to hit one of the intruders.
Masetla will continue with his evidence on Tuesday, 10 October.
Monday, 9 October | 13:20
Senzo Meyiwa Trial: 'I'm certain they are the same men'
“I HAVE no reason to fabricate evidence against the accused.”
The state witness, Constable Skhumbuzo Sizwe Zungu, said this before he concluded his testimony in the North Gauteng High Court on Monday, 9 October.
After being cross-examined by the defence counsel, state prosecutor Advocate George Baloyi asked Zungu if he had any reason or motive to fabricate information against the five accused.
Zungu said: “I don’t have even the smallest motive to fabricate the information.”
Baloyi further asked him to clarify what made him say that accused two was one of the intruders who allegedly killed the former Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa.
The court beamed identikit, which was released in the media days after Meyiwa was shot.
Zungu told the court that he could see accused two Bongani Ntanzi from the identikit.
“What I see is accused two Mafika, even with the hoodie,” he said.
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He said it was him because he wore a hoodie when he came to the hostel, and even how he changed the hoodie was suspicious of him.
Lawyer for accused one and two, attorney Sipho Ramosepele asked Zungu how he knew that the hoodie was black because the picture was black and white.
Zungu said he could see it because he was there when he changed it.
Ramosepele further said to Zungu that he seemed like he was not sure about his evidence.
“What are you certain of about this matter,” asked Ramosepele.
Zungu: “I'm certain that the five men responsible for the crime that happened in Vosloorus are the same men who are here in court,” he said.
The lawyer for accused three, Advocate Charles Mnisi, put it to Zungu that the sketch, which he said looked like accused two, looked like him.
“As they say, beauty is in the eyes of the beholder. I say the sketch looks like you, and you can say it looks like accused two. Someone might say it looks like the gentleman standing next to you,” said Mnisi.
Zungu concluded his testimony, and the state called its next witness, Sergeant Vusimuzi Mogane, to shed light on the cellphone downloads of the accused, but the defence counsel objected to Mogane's evidence.
Monday, 9 October | 11:54
Senzo Meyiwa Trial: Surprises about the night Senzo died!
THE North Gauteng High Court has heard that the picture showing accused three and five was taken on the same day soccer star Senzo Meyiwa was killed.According to the lawyer for accused five, Advocate Zandile Mshololo, the picture was taken on 26 October 2016, at 5.28pm, but not at the Sotho Hostel in Vosloorus but at George Goch Hostel in Joburg.
Mshololo questioned state witness Skhumbuzo Sizwe Zungu if he could recognise the building behind the accused from the picture shown in court.
“I can't comment on that because I didn’t look at the building, and I only know the room and the building I was in,” said Zungu.
He further said he doesn’t know what the George Goch hostel looks like.
Zungu also commented on the version put by Mshololo about the picture not being taken in Vosloorus.
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He said when he saw the accused in Vosloorus, it was not 5.30pm, as Mshololo claims, but it was earlier than that and later in the evening.
Mshololo concluded her cross-examination, and the lawyer for accused one and two, attorney Sipho Ramosepele, re-cross-examined Zungu, stating that he needed clarity about some of the evidence given during the cross-examination.
Ramosepele asked about the hairstyles the first two accused had on the day. He further asked if he noticed that accused two had a gold tooth and tattoos.
Zungu said he didn't notice their hairstyles, so he couldn’t comment on it.
“I didn’t notice any gold tooth, and as he was wearing a hoodie. I wouldn’t have been able to see if he had tattoos or not,” said Zungu.
Monday, 9 October | 11:13
Phone records spill the beans
THE Senzo Meyiwa murder trial is resuming in the North Gauteng High Court this Monday morning, 9 October.
Last week, proceedings were cut short as the defence requested additional time to review the cellphone analyst's statement.
The cellphone records are expected to take centre stage in today’s proceeding, and a cellphone analyst will be taking the stand.
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State prosecutor Advocate George Baloyi said he intends to call a police officer and a cellphone analyst, to testify on the downloads from the phones of accused two and five.
Meyiwa was shot dead in an alleged botched robbery at the home of his then girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli, are currently standing trial for the murder of the soccer star.
Wednesday, 4 October | 12:50
Senzo Meyiwa trial case postponed yet again!
THE murder trial of Senzo Meyiwa was postponed until Monday, 9 October.
State prosecutor Advocate George Baloyi said he intends to call a police officer and a cellphone analyst, to testify on the downloads from the phones of accused two and five.
The defence council said they had only received the documents on Monday and asked for time to go through them so they could consult their clients.
Advocate Zandile Mshololo asked for two days to go through the downloads of her client, accused five.
Defence Advocate Zithukeke Nxumalo said he had looked through the documents and saw that his accused's name was also mentioned. He said he would also have to go through the document.
The trial resumed after a two-week break and Constable Sizwe Skhumbuzo Zungu had been testifying since Monday, 2 October.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are currently standing trial for the murder of Meyiwa.
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They face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence, as well as possession of ammunition.
Zungu told the court that all five men accused of Meyiwa's murder were together at the Sotho Hostel in Vosloorus, Ekurhuleni on the fateful night.
Mshololo, under cross-examination with Zungu, said accused five was at work in Joburg until 1am on the day in question and then went to his flat and later to the George Goch Hostel.
"The photographs taken on that day were taken between 5pm and 5.30pm. That place is the George Goch Hostel in Joburg and not the hostel where you say the accused persons were. Accused five denies going to the Sotho hostel and entering the bedroom," she said.
Mshololo asked to be given time to bring forth evidence of the time and dates for the pictures.
Meyiwa was shot dead in an alleged botched robbery at the home of his then girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
Wednesday, 4 October | 8:17
‘I wouldn’t take any rubbish to the cops’
A NEW state witness is set to take the stand on Wednesday, 4 October, at the Senzo Meyiwa murder trial at the North Gauteng High Court in Tshwane.
The trial resumed after a two-week recess with the continuation of Constable Sizwe Skhumbuzo Zungu’s cross-examination.
Meyiwa was shot dead in an alleged botched robbery at the home of his then-girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng, on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli, are currently standing trial for the murder of Meyiwa.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a license and possession of ammunition.
On Tuesday, defence lawyer Advocate Zandile Mshololo grilled police constable Sizwe Skhumbuzo Zungu.
She questioned why he did not report the information he claimed he had when he heard about the murder.
She said that if he had information, that could have helped solve the murder.
Zungu said he was with the accused on the day of the murder and saw them celebrating before anyone could know about the shooting. He said he saw two accused carrying firearms when they returned to the Vosloorus hostel, where he visited his nephew.
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While cross-examining the witness, she asked him why he didn’t report the unlawful activity he claimed he saw on the day.
“On 26 October, when you saw the unlawful activity happening before you, you didn’t do anything. As a police officer, you had a duty to arrest people doing an unlawful activity,” she said.
She said Zungu knew, as a police officer, that if he had any information, he should’ve reported it at the time.
“The reason why you failed to exercise your duties is because the incident on the 26th did not take place, and you didn’t have that information at the time you read the newspaper. You only fabricated the story later,” she said.
Zungu said he only reported his evidence five years after the incident because he didn’t have sufficient information to take to the police.
“I wouldn’t take any rubbish and take it to the police because I wasn’t the person investigating the matter,” he said.
Tuesday, 3 October 17:30
STATE witness Constable Sizwe Zungu was grilled today in court.
He took a stand at the North Gauteng High Court in Tshwane during the Senzo Meyiwa murder trial.
The trial resumed after a two-week recess with the continuation of Constable Sizwe Skhumbuzo Zungu’s cross-examination.
Meyiwa was shot dead in an alleged botched robbery at the home of his then girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are currently standing trial for the murder of Meyiwa.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a license and possession of ammunition.
Zungu told the court that all five men accused of killing Meyiwa, were together at Sotho Hostel in Vosloorus on the fateful night, even though two of the accused have told the court that they were not near Gauteng on that day.
He was cross examined by accused number five’s lawyer, Advocate Zandile Mshololo.
Mshololo said Zungu fabricated the evidence on 26 of October 2014.
While cross examining the witness, she asked him why he didn’t report the unlawful activity that he claimed he saw on the day.
“On the 26th of October when you saw the unlawful activity happening in front of you, you didn’t do anything. As a police officer, you had a duty to arrest people doing an unlawful activity,” she said.
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She said Zungu knew as a police officer that if he had any information, he should’ve reported it at the time.
“The reason why you failed to exercise your duties is because the incident on the 26th did not take place and you didn’t have that information at the time you read the newspaper. You only fabricated the story later,” she said.
Zungu said he only reported his evidence five years after the incident because he didn’t have sufficient information to take to the police.
“I wouldn’t take any rubbish and take it to the police because I wasn’t the person investigating the matter,” he said.
Mshololo said the only reason he didn’t go to report the matter was because he didn’t know who the suspects were.
“Had you reported the information about the suspects the further investigation would have been done. It wasn’t done because of your failure to report. You sat with crucial information about suspects from 2014 up to the you reported in 2019,” she said.
The matter will continue on Wednesday and a new witness is set to take stand.
Tuesday, 3 October | 13: 00
THE cross-examination of Constable Sizwe Zungu has continued by defence counsel, Advocate Zithulele Nxumalo.
This is during the Senzo Meyiwa murder trial in the North Gauteng High Court on Tuesday, 3 October.
The trial resumed after a three-week recess with the continuation of Zungu’s cross-examination.
He has told the court that all five men accused of killing Meyiwa were together at Sotho Hostel in Vosloorus on that fateful night, even though two of the accused told the court that they were nowhere near Gauteng that day.
Zungu told the court that he was at a hostel in Vosloorus to see his nephew when he met the accused and drank alcohol with them.
He said that about 9pm, he was sitting in an open area when accused one Muzikawakhulelwa Sibiya, accused two Bongani Sandiso Ntanzi and accused three Mthobisi Mncube walked suspiciously.
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Zungu said that he followed them to the bedroom and when he got there, he found Sibiya and Mncube carrying guns.
He said he smelled his firearm because he suspected it might have been used for a crime.
Nxumalo asked him why he didn’t smell other firearms, and Zungu said he didn’t smell them because they were not his.
“As a police officer, you see that there are exchanges of guns, and you don’t do anything about it,” he said.
Zungu said: “I did do something. That's why we are in court today."
Nxumalo replied and said: “That was some years later. You did nothing on 26 October 2014. You, constable, this is going to haunt you again. A person was arrested years ago, you had knowledge about the case, and you don’t do anything about it,” he said.
Tuesday, 3 October | 10:57
THE Senzo Meyiwa murder trial will continue on Tuesday, 3 October, after being rolled over on Monday, 2 October.
The trial resumed after a two-week recess with the continuation of Constable Sizwe Skhumbuzo Zungu’s cross-examination.
Meyiwa was shot dead in an alleged botched robbery at the home of his then-girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli, are currently standing trial for the murder of Meyiwa.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a license and possession of ammunition.
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The matter was adjourned in September to allow the defence to consult with their clients after receiving more than 700 photos downloaded from the accused’s phones.
The photos allegedly placed all the accused at a hostel in Vosloorus on the day Meyiwa was shot and killed.
On Monday, 2 October, defence for alleged triggerman Mthobisi Prince Mncube told the court that Mncube was not present at the Vosloorus Hostel on the night of the murder together with other accused.
His lawyer, Advocate Charles Mnisi, cross-examined Zungu on his assertion that he saw Mncube at Vosloorus Hostel on the night of the murder together with other accused.
Zungu, who had attended a gathering at the hostel as his nephew stayed there, testified that he saw them enter the premises that evening at about 9pm, some with guns. He also pointed out some of them in photos downloaded from Mncube's phone that were taken on the day.
Tuesday, 3 October | 7:50
SENZO MEYIWA TRIAL: Hostel in the spotlight!
THE Senzo Meyiwa murder trial continues on Tuesday, 3 October, after being rolled over on Monday, 3 October.
The trial resumed after a two-week recess with the continuation of Constable Sizwe Skhumbuzo Zungu's cross-examination.
Meyiwa was shot dead in an alleged botched robbery at the home of his then-girlfriend and baby mama, singer Kelly Khumalo, in Vosloorus, Gauteng, on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli, are currently standing trial for the murder of Meyiwa.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a license and possession of ammunition.
The matter was adjourned last month to allow the defence to consult with their clients after receiving more than 700 photos downloaded from the accused's phones.
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The photos allegedly placed all the accused at a hostel in Vosloorus, the day Meyiwa was shot and killed.
On Monday, the defence for alleged triggerman Mthobisi Prince Mncube told the court that Mncube was not present at the Vosloorus Hostel on the night of the murder together with other accused.
His lawyer, advocate Charles Mnisi, cross-examined Zungu on his assertion that he saw Mncube at Vosloorus Hostel on the night of the murder with other accused.
Zungu, who had attended a gathering at the hostel as his nephew stayed there, testified that he saw them enter the premises at about 9pm, some with guns.
He also pointed out some of them in pictures downloaded from Mncube's phone that were taken on the day.
Monday, 2 October | 16:59
THE Senzo Meyiwa murder trial has been rolled over to Tuesday, 3 October.
The matter resumed in the North Gauteng High Court on Monday, 2 October after a three-week break.
State witness Constable Skhumbuzo Zungu is currently on the stand for cross examination.
Zungu told the court that all five men accused of killing Senzo were together at Sotho Hostel in Vosloorus, Ekurhuleni on that fateful night, even though two of the accused have told the court that they were nowhere near Gauteng that day.
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Zungu told the court that he was at a hostel in Vosloorus to see his nephew when he met the accused and drank alcohol with them.
He said that earlier that day he had gone to work.
“I was on duty on the 26th of October 2014, but I knocked off early around 12. I was doing part of the police duties that I was sent to do,” said Zungu.
He said he was introduced to the accused on the day, but he doesn’t recall the time.
Even though Zungu said he was with the accused on that day, accused three and four said they don’t know who he is.
Defence counsel Advocate Zithulele Nxumalo said he was instructed by accused four that he wasn’t at the hostel on that day.
“Accused number four said that he doesn’t know you. He said he first saw you here in court, and that you're not his acquaintance,” he said.
He said his client further instructed him that he first met accused two on 27 October 2020 when they first made their appearance in Boksburg.
Monday, 2 October | 13:18
THE North Gauteng High Court has heard that the evidence given by state witness Constable Skhumbuzo Zungu in the Senzo Meyiwa murder trial is nonsense.
This was an assertion made by the lawyer for accused three, Advocate Charles Mnisi, who is currently cross-questioning Zungu.
The trial resumed on Monday, 2 October after it went on a three-week break after the defence lawyers requested an adjournment so they could consult with their clients regarding pictures downloaded from accused three's cellphone after his arrest in 2015.
State witness Zungu continues to give evidence.
Mnisi went through some of the over 700 pictures downloaded from accused three's phone.
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While cross examining Zungu, he asked him who was with them on that day.
Zungu said he only recalled accused three and couldn't recall who else was with them.
In the photos, there is a red car that Zungu claimed they drove with to the shops.
He said the make of the car was an Uno, however, Mnisi said that his evidence was nonsense because the car was a red VW Polo.
“Your story about the hostel that there was a celebration where accused number three was also there on 26 October 2014 is nonsense. It never happened, or let me say that you were not there,” Mnisi said.
“I have instructions to tell you that it is nonsense that that vehicle is an Uno. That car is a VW Polo,” he said.
Monday, 2 October | 07:35
Senzo Meyiwa murder trial resumes
THE Senzo Meyiwa murder trial is resuming in the North Gauteng High Court in Tshwane on Monday, 2 October.
The matter has been on break for three weeks. This after the defence lawyers requested an adjournment to consult with their clients regarding pictures downloaded from accused number three’s phone after his arrest in 2015.
Meyiwa was shot dead in an alleged botched robbery at the home of his then girlfriend and baby mama, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are currently standing trial for the murder of Meyiwa.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a license and possession of ammunition.
State witness Constable Skhumbuzo Sizwe Zungu is currently on the stand for cross-examination.
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Zungu has told the court that all five men accused of killing Meyiwa were together at Sotho Hostel in Vosloorus on the fateful night, even though two of the accused have told the court that they were no near Gauteng that day.
Before starting with his cross-examination, Advocate Charles Mnisi requested all the photos downloaded from his client’s phone to be given to him to peruse and also consult an expert.
Some of the pictures were used by the state as evidence, which allegedly showed that accused three was in Vosloorus the day the soccer star was gunned down.
The pictures also showed him wearing the same clothes that one of the suspects who shot Senzo was allegedly wearing when they intruded the Khumalo house during the botched house robbery leading to the shooting of Meyiwa on 26 October 2014.
Wednesday, 13 September | 12:57
AFTER nine weeks of back-to-back proceedings, the Senzo Meyiwa murder trial has been postponed to October 2023.
After the brief appearance of the five accused on Thursday, 14 September, their lawyers asked the court to stand down until 2 October.
This comes after they received the master copy of the disc that contains all pictures downloaded from accused three's cellphone when it was confiscated.
They told the court that the disc had 784 photos, and in court, they only received 46 photos.
They said they would need time to go through all of them.
The lawyers said they would need to consult with their clients about the photos received after going through them.
Presiding Judge Ratha Mokgoatlheng granted the postponement.
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The judge said, unfortunately, the court was obliged to agree on the postponement for a fair trial.
Mokgoatlheng also instructed the defence lawyers to use the break to consult their ballistic experts.
“Once we commence on the 2nd of October, the defence must also be ready to commence with the cross-examination of Christian Mangena (ballistic expert).
"I don’t want stories when we come back that you need to consult,” he said.
Other experts to be called back are the phone experts, who will assist the court when the defence uses the pictures in court for evidence.
Constable Skhumbuzo Zungu will also come back for the continuation of his cross-examination.
Wednesday, 13 September | 10:59
THE trial of five men accused of murdering the Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa will resume in the North Gauteng High Court on Thursday, 14 September.
The proceedings were postponed yet again on Wednesday, 13 September.
The postponement came after the lawyer for accused three, Advocate Charles Mnisi, demanded the master copy of the disc that contains all the pictures downloaded from his client’s phone when it was confiscated.
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The pictures presented to the court allegedly placed the accused in Vosloorus on the day Meyiwa was shot and killed.
In today’s proceedings, the court is expected to go through the pictures before Mnisi can continue to cross-examine the state witness, Constable Skhumbuzo Zungu.
Wednesday, 13 September | 14:55
AFTER the trial of Senzo Meyiwa had run smoothly for eight weeks, there were now sudden delays, just a few days before the recess.
This happened after the three accused's lawyer, Advocate Charles Mnisi, made numerous requests to the North Gauteng High Court before proceeding with the cross-examination of the current state witness, Constable Skhumbuzo Zungu.
Zungu’s testimony has put the five accused on the spot and their lawyers have tried to pick holes in the testimony.
On Wednesday, 13 September, the matter had to be postponed because Mnisi said he needed all the pictures downloaded from his client’s phone.
These are the pictures that were presented to the court as exhibits. The pictures showed accused three Mthobisi Mncube and some friends. They were allegedly taken on the same day the Senzo was killed.
When Mnisi cross-examined Zungu, he referred to the pictures after the witness gave a description of what the accused were wearing on 26 October.
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He said Mncube was wearing a lime-coloured T-shirt with a brown jacket and had a necklace on. However, when the pictures were shown in court, the accused was wearing a beige jacket and not a lime-coloured T-shirt or necklace.
Zungu said the lime-coloured T-shirt was worn when they were still at the Sotho Hostel in Vosloorus, Ekurhuleni.
He said some of the people, including accused one Muzi Sibiya, went to change their clothes after he arrived.
"When he introduced himself to me, he was wearing the clothes I mentioned but as I said earlier, some people went to the bathroom and changed their clothes. And the picture you are showing me was not taken at the hostel," he said.
Mnisi said Zungu’s explanation was confusing.
"You explanation is wishy washy," Mnisi said.
He further requested the state bring Mncube’s phone and all the pictures found in the phone, so they can analyse them.
"I am hamstrung to continue with cross-examination without further information. The court would recall that there were pictures downloaded from the accused's phone.
"And while about 500 photos were downloaded, the investigating officer said he only needed pictures were accused three appeared. I would also request that we be furnished with all the pictures and the phone, and we will see how we download them,” he said.
The judge said the lead investigator in the case, Brigadier Gininda, should have the pictures available tonight, so that the trial could continue on Thursday, 14 September.
Senzo Meyiwa Trial: Accused 5 is good to go!
Wednesday, 13 September 10:58
THE Senzo Meyiwa murder trial resumes in the North Gauteng High Court on Wednesday, 13 September.
The matter proceeded with the court attending to the doctor’s report on the health status of accused five Sifisokuhle Ntuli.
On Tuesday, 12 September, the court had to adjourn early. This was after Ntuli’s lawyer told the court that he was not feeling well and needed to be taken to the hospital.
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The court made an order that he gets attended by a doctor before the trial can resume.
Reading the report, Judge Ratha Mokgoatlheng said the doctor treated Ntuli and found that he did not need to be admitted to hospital and has been given medication.
The court resumed with the cross-examinations of state witness Constable Skhumbuzo Sizwe Zungu by lawyer for accused number three, Advocate Charles Mnisi.
Tuesday,12 September | 13:00
THE Senzo Meyiwa murder trial has adjourned.
This is because accused number five, Sifisokuhle Ntuli, is not feeling well.
His defence lawyer, Advocate Zandile Mshololo, asked for a postponement on Tuesday morning, 12 August, stating that Ntuli needs medical attention.
Addressing the North Gauteng High Court, Mashololo said: “My client informed me this morning that he's not feeling well, and we would like to request a postponement so that he could be taken to the hospital.”
State Prosecutor Advocate George Baloyi read relevant sections of the law relating to circumstances under which court proceedings can continue in the absence of the accused.
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But the presiding Judge Ratha Mokgoatlheng made an order for Ntuli to see a doctor and have the matter stand down for a day.
He said Ntuli needs to see a doctor who will give him proper medication.
Mokgoatlheng requested the lawyers to draft an order to be handed to the head of the prison in Leeuwkop Correctional Facility, where the accused is being kept, to have a medical doctor attend to him.
“I don’t want this man to be given panado and castor oil. He needs to be seen by a proper doctor,” he said.
The trial might continue Wednesday, 13 September.
Tuesday,12 September | 10:04
Senzo Meyiwa Trial: State witness Constable Zungu to be grilled
THE defence counsels in the Senzo Meyiwa murder trial will continue to grill the state witness, Constable Skhumbuzo Zungu, in the North Gauteng High Court on Tuesday, 12 September.
Zungu started giving evidence on Thursday, 7 September, where he implicated all the five accused in the killing of Meyiwa.
On Monday, the lawyer for accused three Advocate Charles Mnisi and the witness had a go at each other when the Mnisi wanted him to define perjury.
Zungu told Mnisi that he knows what it means but would rather not answer because it might not mean what he thinks it means.
Mnisi insisted that he give the court the meaning, and Zungu replied by saying, “Perjury is you.”
Mnisi read a paragraph in which the witness said the names of the accused were misplaced in reference to the people he’d seen walking to Gwabeni’s room at about 9pm.
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“So, according to you, it was supposed to be Maphisa, and Nkani walked in and sat on the bed. For the third time, you mention here that Maphisa and Carlos Mthobisi Mncube walked in and sat on the bed,” Mnisi said.
Zungu responded by saying: “Mr Mnisi, I see you like playing. I did explain that the names got mixed up. I see where you want to take me, but I am not going there. Because the name I was referring to was Gadla and not Carlos.”
Mnisi is expected to continue with cross-examination and lay the basis for his arguments.
Monday, 11 September | 17:42
THE North Gauteng High Court in Tshwane has on Monday, 11 September heard that the state witness Constable Skhumbuzo Zungu and accused number two Bongani Ntanzi are closely related as their fathers are cousins.
This was confirmed by the lawyer of Ntanzi, even after he said he had never seen him until last week Thursday, 7 September when he came to court.
In his testimony, Zungu implicated all the accused in the killing of the soccer star, Senzo Meyiwa.
During a re-cross examination by Attorney Sipho Ramosepele, representing accused one and two, Zungu was asked if it was still his assertion that accused two was his cousin.
Zungu replied: “I did mention that my grandmother is from the Ntanzi family. And if he is from the Ntanzi family, then it means we are related.”
Ramosepele said: “The accused doesn’t dispute that he's a Ntanzi and in fact, he said his father and his father are cousins.” Zungu replied, saying he also knew that.
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Ramosepele further said accused two said he had never met him before and that he saw him for the first time last week. Zungu laughed and said: “If you are denied by relatives at times, you must just accept.”
Even after being implicated by Zungu, accused one and two stuck to their guns that they had nothing to do with the incident and that they were nowhere near Vosloorus at the time Meyiwa was gunned down by two alleged intruders.
Ramosepele said the accused had also denied they were at a party hosted by Zungu's nephew Gwabini at a hostel on 26 October. Responding to that, Zungu said he wouldn’t dispute anything if they were denying that.
“What I am saying is that they were there, and I saw them. I also wish to know why I was called to be there,” he said.
Mshololo's claims rub judge up the wrong way
Monday, 11 September | 12:50
"NO written statement exits."
This is the ruling of the presiding judge in the murder trial of Senzo Meyiwa on the defence council's submission on an alleged statement by state witness Constable Skhumbuzo Zungu.
Defence council for accused three, Advocate Charles Mnisi, had requested that Zungu produce an original statement he made before the one presented in court.
Mnisi insisted that the witness admitted under oath that he handwrote a statement before the type of statement and told the court that they cannot proceed with cross-examination until they have the original statement.
This led to the court allowing Zungu to travel to KZN to search for the original notes. The court also instructed the defence counsels to prepare arguments on the alleged statement.
On Monday, 11 September, Zungu told the court that he did go to KZN and couldn't find the notes.
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The state also told the court that some of the notes that were with the investigating officer were shredded after the typed statement.
Mnisi said his argument has never been about notes but about a handwritten statement that Zungu said he made, initialed and signed.
Mnisi said the inconsistencies in Zungu's written statement raises suspicions about the written statement.
Lawyer for accused five, Advocate Zandile Mshololo, told the court that they knew that if there were two statements, both had to be attached.
Mshololo insisted that there were two statements, and the state should present them to court, or it will be prejudice to her client.
"The defence is prejudiced by the nondisclosure of the written statement," she said.
Before giving his ruling, Judge Ratha Mokgoatlheng said the lawyer's claims meant that the state prosecutor, Advocate George Baloyi had withheld the statement from them.
"Mr Baloyi is being accused of withholding the statement and that is very serious, he could be struck off the roll for this. I don't believe that Mr Baloyi can risk the entire career he has built over many years, I don't know what he would gain," Mokgoatlheng said.
He ruled that there was no written statement from Zungu and instructed the defence team to continue cross-examination based on the statement before the court.
Senzo Meyiwa Trial: Zungu back in the hot seat!
Monday, 11 September | 9:25
THE murder trial of Senzo Meyiwa continues in the North Gauteng High Court and Constable Skhumbuzo Zungu is back in the hot seat.
The constable has told the court that he was with all five accused in Vosloorus, Ekurhuleni on 26 October, the day Meyiwa was shot dead.
On Friday, his cross-examination was cut short after the defence of the five men accused of Meyiwa's murder requested that he bring his original notes or testimony about the incident.
Zungu’s safety was also in focus on Friday, 8 September. The state said it had strengthened its security protection.
ALSO READ: Judge concerned about witness' safety!
This week, prominent ballistic expert Christian Mangena is also expected to return on the stand for a cross-examination.
Mangena’s testimony was put on hold so the defence counsel could consult with their own ballistic expert on the evidence he gave.
His evidence has linked accused three with the firearm that killed Meyiwa.
Mangena is a wellknown ballistic expert who has assisted in many prominent cases, such as the Oscar Pistorius conviction, the recent conviction of the whistle blower Babita Deokoran’s killers, as well as the conviction of the men involved in the killing of five Ngcobo cops in the Eastern Cape, among other cases.
Judge concerned about witness' safety!
FRIDAY, 8 SEPTEMBER | 16:25
PRESIDING Judge Ratha Mokgoatlheng in the Senzo Meyiwa murder trial has expressed concerns about the safety of current state witness constable Skhumbuzo Zungu.The witness, who is currently under witness protection, is expected to travel to Kwa Zulu Natal to collect his notes he made about the investigations he conducted into Meyiwa’s death.This comes after he told the North Gauteng High Court in Tshwane on Friday, 8 September, that he made some mistakes in his statement regarding the names of the suspects.Although he said they were minor errors, the accused 3's defence Advocate Charles Mnisi insisted that he produce the original notes.Zungu said when the statement was written, he had spoken, and he believed they had mixed up the names.
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Mnisi said, 'This is bizarre and preposterous we want the original notes. If he saw these mistakes, why did not he go back to typer and correct the names of the people,” he said.The judge asked Zungu where his notes were and if it was possible for him to bring them to court.Zungu said somewhere in Gauteng, while others are in Kwa Zulu Natal.“Can you ask someone at home to bring them for you?” asked Mokgoatlheng.Zungu replied that the only people at home are the helpers.“I had to put my family in a safe place, but I can get them,” he said.When asked by the judge about Zungu’s security, he said he feared for his life because there are people in court.The state said it had increased its security after the triggering gestures of accused five.“"There is a real possibility that the safety of this witness is at risk and we hope that he will still be alive on Monday,” the judge said.The court and the judge agreed that Zungu will go to KZN with the security team and collect the notes.The judge asked Zungu not to laugh at his safety.Zungu replied that he would pray.The matter is adjourned until Monday, 11 September.FRIDAY, 8 SEPTEMBER | 15:25
ACCUSED one and two in the murder trial of Senzo Meyiwa have denied allegations that they had any hand in killing of the soccer star.
They have also denied that they were in Vosloorus on 26 October 2014 when Meyiwa was shot dead at the home of his then girlfriend, Kelly Khumalo.They said this after current state witness Constable Skhumbuzo Zungu told the court during his testimony that all the five accused were in Vosloorus, Ekurhuleni and may have been involved in the killing of Meyiwa.Zungu also told the court that they had been drinking together on the night the incident happened.But accused one, Muzi Sibiya, said he was not in Gauteng at the time.
ALSO READ: Zungu to continue his testimony!
Through his lawyer, Advocate Sipho Ramosepele, said accused one left Gauteng in March 2013 and only returned in 2015.Ramosepele further said at the time of the incident, accused two said he was on unpaid leave from 27 October and was in Kwa-Nongoma on the weekend of the incident.Zungu said this was a lie because he was with them drinking.Ramosepele also told the witness that accused one and two told him that they had nothing to do with the killing of Meyiwa."I don’t know anything about that because I was not in the Khumalo household and I did not say that they killed Senzo."As I said, I never saw them kill him. I never wanted to tell lies that I saw them kill him," Zungu said.The witness also told the court that the reason he followed the accused to his nephew’s room on the night of the incident was because his service pistol was in the room and the guys are alleged known to be hitmen."I was scared that they would take my gun and kill someone because it was known that they were izinkabi (hitmen),” he said.
FRIDAY, 8 SEPTEMBER | 11:14
CONSTABLE Skhumbuzo Zungu will continue his testimony in the North Gauteng High Court on Friday, 8 September.
Zungu gave damning evidence on Thursday, 7 September, implicating the five accused in the murder trial of former Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa.According to his testimony, Zungu is the one who lifted the lid, which led to the arrest of all five men.He told the court that all the accused were together on the night Meyiwa was shot dead and that one of the accused was wearing the same clothes described by the media in connection with two intruders.He also told the court that the relatives of the accused wanted to kill him.Shortly before the trial could begin, the state brought a complaint against accused number five for his gesture during yesterday's proceedings.
ALSO READ: "Their relatives wanted to kill me"
In the clip shown in court, it shows the accused speaking to accused four and making gestures of pulling a trigger while looking at Zungu.Presiding Judge Ratha Mokgoatlheng asked accused five what he was trying to tell the witness with these gestures.Accused five said he was not talking to the witness, but to accused four.“Even from here where I am sitting, I cannot see the witness because the prosecutor is blocking the view,” he said.His defence advocate Zandile Mshololo said they had discussed the video with accused five and he had told her that he had only spoken to accused four.“We cannot even hear what they are saying there, my lord,” she said.State prosecutor Advocate George Baloyi said the behaviour of the accused was contempt of court and called for an enquiry into it.Addressing the court, Mokgoatlheng told the court that with his 50 years of experience in criminal law, he was familiar with such gestures.He said he saw them when one of the accused made a U-turn during a cross-examination during the week."If you don’t believe me, ask the Judge President, I told him about it. I am not stupid. All the accused are warned about the gestures directed to the witnesses," he said.He went on to say that criminal proceedings are not a joke.
THURSDAY, 7 SEPTEMBER
16:43
Senzo Meyiwa Trial: “Their relatives wanted to kill me”
WHEN Constable Skhumbuzo Zungu started to make a noise about the people who allegedly killed Bafana Bafana goalkeeper Senzo Meyiwa, they allegedly wanted to kill him.
While testifying in the North Gauteng High Court, Zungu said when he was busy trying to get this matter investigated in 2019, the relatives of accused number five, Sifisokuhle Ntuli and accused number one, Muzi Sibiya wanted him dead.
He said he first told General Leshabane about his suspicions, he investigated and found out that he was right. He said after a while, the general came back to him and told him to leave this matter as people wanted to kill him.
He said he noticed a vehicle on 18 November 2019 that was parked on the side of the road, and he noticed the occupants of the car. He was leaving his home to go buy a cigarette and on his way back, one of the occupants, a guy from KwaNtuli, pointed a gun at him.
“I noticed this and then turned away. The people in the car are relatives of accused one and five,” he said.
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He said he subsequently called Leshabane to inform him that people were trying to shoot him and Leshabane said to him: “I told you to drop this issue because your life is in danger.”
Zungu said he decided to take the matter to the former national police commissioner Khehla Sitole, who directed him to Brigadier Gininda.
He said they had a meeting on 13 November 2019, where Gininda asked him what he knew about Senzo's death.
“I told him I know nothing and there is nothing I can talk about. But as time went on, I told him these are the suspects. General Leshabane called me and asked how is it that the head office knows about this. On the 18th, I saw the relatives of the suspects who wanted to shoot me,” he said.
He said he continued to do his own investigation and found that there were people following him.
Zungu said this was not the first time, adding that he remembers speaking to accused number one as he was worried about him. He said he spoke to him at a wedding in August 2019 and over the phone that his relatives wanted to shoot him.
“When I spoke to him telephonically, I said to him: 'Muzi, why do your relatives want to shoot me because I don't know anything?'.
“There was an incident where it was said Muzi was arrested. Again, his relatives came to the police station and asked me about something different but in that they were asking about Muzi's arrest, and I said I know nothing,” he said.
THURSDAY, 7 SEPTEMBER
15:39
Senzo Meyiwa trial: 'Suspects celebrated with whisky'
CONTINUING with his testimony on Thursday, 7 September, Constable Skhumbuzo Zungu told the North Gauteng High Court that the suspects in the Senzo Meyiwa trial celebrated over a whisky after allegedly killing the soccer star.
Zungu told the court that the suspects, who were described in the media as two alleged intruders who entered the Khumalo’s household when Senzo was gunned down, fit the description of the men he was with on the same day.
He said accused number two, Bongani Ntanzi, was wearing a black hoodie, while accused number three had dreadlocks. He said even their action that night showed that they were the suspects who shot Senzo.
Detailing how he managed to piece the pieces together, he said on the night Senzo was killed and after the accused acted strangely, accused number one told them at the hostel that Senzo is dead.
He said he didn’t believe it at first and tried to check his phone, but didn't see anything. Zungu said he was shocked the following day when he saw the news on TV.
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“I saw on TV that Senzo Meyiwa was shot dead in Vosloorus and then I realised that accused one was telling the truth. But I still didn’t think they had anything to do with it until I saw the description in the newspaper," he said.
Zungu said the man in a black hoodie fit the description of accused number two, even the clothes he was wearing. He said he was not sure with accused number three, Mthobisi Mapisa, because his dreadlocks were plaited and were not like in the identikit.
“But after a while I heard that a suspect has been arrested. Then I though it meant it was not them, but I later heard the suspect was released,” he said.
He said after that he knew that he might have seen the people who killed Senzo, but didn’t tell anyone about it because he was not certain.
He said around 2017 he asked his nephew about that night, but before Zungu could tell the court, the defence objected on the hearsay evidence unless the nephew was going to be called.
Zungu said: “In 2018, I had this information that these suspects are the very same people I was with. What I saw on that day they were coming from committing that, I am talking about firearms and accused two changing his hoodie.
“I then spoke to General Leshabane who was cluster commander. I told him I was disturbed about this matter because a lot of people are saying I was at the hostel. But I did not tell him I was also there that night."
Zungu said the general said he himself would do the investigation and later came back to him and said he was correct.
THURSDAY, 7 SEPTEMBER | 14:35
Senzo Meyiwa Trial: The accused were together the day Meyiwa died!
THE North High Court has heard that the five accused in the Senzo Meyiwa murder trial knew each other, and they were together the night the soccer star was shot dead.
This comes after a new state witness, Constable Skhumbuzo Zungu, told the court they were all at a party at Sotho Hostel in Vosloorus, Ekurhuleni on 26 October 2014.
Zungu said on the day he was invited to the hostel by his nephew Gwabini Zungu, adding that he went there after work.
Constable Zungu said there were a lot of people, including the five accused.
He said while they were drinking and having a braai, the five accused left but came back later.
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“I was sitting facing the door at around 8.30pm or 9pm when I saw accused one, two and three coming into the hostel and rushing into Gwabini’s room. They looked scared. I then followed them to the room and when I got there, they switched off the light and later turned it on.
“I then saw accused one carrying a 38 revolver and accused three was holding a 9mm. I then asked Gwabini about the gun that I had left in his room. He gave it to me, and I smelled it to check if it was not used,” said Zungu.
He said the accused gave the firearms to Gwabini, and he then asked why he brought guns into the hostel.
“I asked him about the revolver because it was lost, but he said this was not the same revolver,” said Zungu.
He said while he was still shouting at Gwabini about the issue of the guns, accused five came in and asked if everything was okay, and Gwabini said: "Yes, all is well."
The matter was postponed to Friday, 8 September.
THURSDAY, 7 SEPTEMBER | 10:00
Senzo Meyiwa Trial: Shocking turn on evidence!
A NEW state witness named Constable Zungu is expected to take the stand in the North Gauteng High Court on Thursday, 7 September.
Zungu will be giving evidence on Senzo Meyiwa’s murder.
On Wednesday, 6 September, the court adjourned early after the defence lawyers raised concerns about Zungu’s statement being sent to them a night before.
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They asked the court to give them a day to consult their clients and to scrutinise the statement.
In a shocking turn of events, it has been revealed that Zungu’s statement was only made in May 2023 when the matter was already in court, but the defence lawyers and the accused only learnt about it on Tuesday, 5 September.
The court allowed the adjournment, stating that it would be against the law not to provide the accused enough time to go through the state’s evidence so they could thoroughly prepare themselves.
WEDNESDAY, 6 September | 11:57
THE Senzo Meyiwa murder trial adjourned early.
This after the defence counsels raised concerns over a new state witness introduced on Wednesday, 6 September.
The lawyers for the five accused claimed they supplied the statements of the witness on Tuesday night, 5 September.
According to them, state witness Constable Zungu made the statement in May 2023 but was only given the statement in the last minutes.
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The state prosecutor, Advocate George Baloyi, said he also received the statement from the investigating team on Tuesday, 5 September, and shared it with the defence council immediately.
The defence told the court they would need the whole day to peruse the statement.
Presiding Judge Ratha Mokgoatlheng said the matter was postponed to Thursday, 7 September, for the defence to peruse the statement of Zungu.
“If we proceed today, it will be an infringement on the rights of the accused. The accused should be apprised with the state case,” he said.
The judge also said that he was constrained to allow proceedings to continue if the defence had not been afforded sufficient time.
WEDNESDAY, 6 September | 10:30
THE Senzo Meyiwa murder trial is back in the North Gauteng High Court on Wednesday morning, 6 September, where a new state witness will take the stand.
The matter has been sitting for the past eight weeks, with more than 20 witnesses testifying on the events that claimed the life of the beloved goalkeeper, Meyiwa.
Five men are currently trying to prove their innocence in the killing of the soccer star.
Meyiwa was shot and killed in an alleged botched robbery at his then-girlfriend and baby mama, singer Kelly Khumalo’s home in Vosloorus, Ekurhuleni, in October 2014.
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Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli were all arrested in 2020 regarding the incident.
They are charged with the premeditated murder of Meyiwa, attempted murder of Zandie Khumalo, robbery with aggravating circumstances for allegedly stealing Kelly's phone after assaulting her mum Gladness Khumalo, as well as possession of illegal firearm and ammunition.
They have since pleaded not guilty to all the charges.
Tuesday, 5 September | 18:45
A NEW state witness in the Senzo Meyiwa murder trial has dropped a bombshell in the North Gauteng High Court on Tuesday, 5 September.
Msizi Jack Buthelezi, who used to be a friend and a hostel housemate to one of the accused, Bongani Ntanzi, told the court that the accused told him that he and his friend killed Meyiwa.
He said Ntanzi made the confession after he was arrested.
But in a dramatic U-turn, Buthelezi told the court that Ntanzi said the police said they killed Meyiwa.
Buthelezi said it was just after lockdown when he got back from where they used to stay when he heard that Ntanzi has been arrested.
He said the following day he received a call from Ntanzi telling him he was appearing in the Tlhabane Regional Court in Phokeng, North West and asked that he should come and see him.
“I went to court but we missed each other. When I was on my way back home at Rustenburg shopping centre, he called me and asked that I wait for him there.
“He was in the presence of police officers, the berets (TRT). I was told to get inside the vehicle that he was in, and I asked him what was happening,” said Buthelezi.
He said Ntanzi told him that he had been arrested for possession of ammunition and for the Vosloorus matter.
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"He told me that he has been arrested for the possession of an illegal ammunition. He then said for his matter of killing Meyiwa when they were at a party in Vosloorus with Mapisa and friends.
“He then looked away and cried. I gave him R500 and that was the last time I saw him,” he said.
During cross examination by Ntanzi’s lawyer Advocate Sipho Ramosepele, Buthelezi was asked to repeat word per word what he told him.
Buthelezi said Ntanzi told everything all at once that he had been arrested for the possession of ammunition and killing Meyiwa.
Ramosepele asked if the police were around when he made the confession.
Buthelezi said one officer named Mabena was standing by the door, and he heard the confession.
When asked if he noticed any injuries on him, Buthelezi said: “I didn’t see him properly because he was in chains and he was wearing long sleeve.”
Ramosepele told Buthelezi about Ntanzi's version of their conversation.
“Let me give you the version of what happened according to Ntanzi on 13 July 2020. He indeed agrees with you that he was arrested for possession of ammunitions. He said the reason he called him to come see him in court was because he hasn’t bathed since he was arrested on 16 June.
“He instructs me that he was arrested on 16 June 2020. In terms of the law, he was not produced before the law after 48 hours because he was assaulted and the police only took the docket to the court saying that he was sick, but he was in his cell.
“On 13 July, that was his first appearance after he was arrested in June. He called you as the person he was familiar with, and he was smelly because he hadn’t bath. He requested you to buy him toiletry. That is why you gave him the R500,” said Ramosepele.
Ramosepele said Ntanzi told Buthelezi that he was arrested by the police after they searched his room and found the ammunition and he was not there when they conducted the search.
Buthelezi responded that he was actually the one relaying that to him.
After being grilled by Ramosepele and Advocate Zandile Mshololo, Buthelezi changed his statement and said Ntanzi told him that the police said he killed Meyiwa.
“He said as I am being arrested now, the police said we have killed Meyiwa,” he said.
Buthelezi said he made the statement about the confession with the police because he thought he was being arrested.
“The police came to fetch me and the circumstances which I was brought in for questioning led me to make the statement,” he said.
Tuesday, 5 September | 14:58
UNDER immense pressure, Warrant Officer Thabo Mosia conceded that he was guessing when giving evidence-in-chief in the North Gauteng High Court while testifying.
This comes after he failed to tell the court why his testimony in court contradicted his pocketbook and case registry.
Mosia was recalled by the court to clarify some of the inconsistencies picked up by the defence team.
On Tuesday, 5 September during the cross-examination, defence lawyer for accused five, Advocate Zandile Mshololo, asked Mosia why the other cases he said he attended on the morning of 27 October 2014 do not appear on the SAP219 case register.
Mshololo pointed to a case register called the SAP219, with all the cases Mosia attended on the day Senzo Meyiwa was killed.
She pointed out how the crime scenes that Mosia said he attended after the scene of Meyiwa's murder do not appear in the case register.
Mosia said the pocketbook he used the night Meyiwa was shot dead got full and he had to use a new one.
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When asked about the discrepancies between his evidence in court and his pocketbook, Mosia said he was on standby and when he prepared this evidence, he was on incapacity leave.
He said that he was preparing for this testimony without a pocketbook.
“I was relying on statements that I had made prior.
“Based on the entry in my pocketbook, I went to Ext 14 Vosloorus around 2.30 am and when I took a look, this pocketbook got filled up. I found a new pocketbook the following day, and I updated it. So those cases do not appear in this pocketbook,” he said.
Mosia attributed the mistakes, errors and discrepancies in his record keeping to being exhausted.
He said being on standby in the East Rand can be exhausting.
Tuesday, 5 September | 12:25
LAWYER for accused four, Advocate Zithulele Nxumalo in the Meyiwa murder trial, insists that there were no intruders on the night Senzo Meyiwa was shot dead in October 2014.
He also told the North Gauteng High Court that the charge of theft against his clients was not true.
Nxumalo said this based on the pictures taken by Warrant officer Thabo Mosia, who is one of the first forensic expert to attend the crime scene and gather evidence.
One of the pictures, which was not added to the evidence, showed a glass and cellphone.
According to Nxumalo, this is the same cellphone that allegedly belonged to singer Kelly Khumalo and was also reported stolen by the intruders.
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Nxumalo asked Mosia what happened to the phone in the picture.
Mosia said he believed it belonged to the people in the house and he did not know what happened to it.
Nxumalo told him that his photos were not a true description of what happened on the day of 27 October. He further said Mosia’s version falls like a "decks of cards".
"I don’t know what to say when you put it like that," Mosia said.
Nxumalo wanted to know how many people were moving around the house when the scene was still active.
He compared the pictures that were taken by Mosia with those of his colleague at the time, Lieutenant-Colonel Thobeka Mhlahlo.
The first picture that were taken by Mosia showed a can of baby milk and the cellphone, while the pictures taken by Mhlahlo do not show the can of milk, including the cellphone.
Nxumalo questioned Mosia about the items that were moved while he was still on the scene.
"I should think that the item that was moved around was the item that they needed like the milk can and I didn’t see any evidential value on it.
"Pertaining the cellphone, the investigating officer is the one who was handling the cellphones as part of his investigations," Mosia said.
Tuesday, 5 September | 9:45
ALL eyes will be on forensic expert Warrant Officer Thabo Mosia as he is expected to return to the hot seat in the murder trial of Senzo Meyiwa today, 5 September, to set the record straight.Mosia was recalled by the North Gauteng High Court to clarify some inconsistencies in his previous testimonies.This is expected to be a difficult task for Mosia, who had earlier complained that the witness stand had affected his health.Mosia, who was a constable back in October 14, was the first forensic expert to visit the scene where Bafana Bafana and Orlando Pirates goalkeeper Meyiwa was shot dead.He testified on how he dealt with the crime scene and also told the court that he had to leave the scene to attend to other matters but returned the next morning to continue his work.
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The defence counsels questioned his move to leave the crime scene stating that he left it unprotected, so there was a risk of contamination or tampering.They also accused him of failing to collect important evidence, including swabs from the kitchen door through which the two alleged intruders entered.They also accused him and his colleagues of planting evidence against their clients.The court had asked Mosia to bring his travel registry and pocket book to verify his movements that night.Some of his travel times, he told the court, were not consistent with the registry and he is expected to elaborate on this.
Monday, 4 September, 16:10
A SANGOMA rattled the accused in the Senzo Meyiwa murder trial.
The five men accused of killing Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa were left shaken on Monday, 4 September.
They had to ask their lawyers to keep an eye on the state, so they don't coach the new witness, Robert Zwane.
This after Zwane, a traditional healer, told the court that a man known by Sibiya had consulted with him to assist him and his two friends in getting a job.
He said when Sibiya came to him, they were three.
"They said they wanted to find work, so they wanted me to give them some cleansing products that will assist with getting the job," he said.
Zwane said he gave them "inhlanhle emhlophe" medicine.
He could not remember which year they came to see him.
"I am old, even today. I don't know what day it is," he said.
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Sangoma Zwane said he charged them R500 for the medicine.
He told the court that two or three days later, the men came back again. He said the second time around, Sibiya told him that where they had gone to look for work, someone sustained injuries.
Zwane said they did not tell him who that person was.
"With us black people, when someone has passed on in our families, we do a cleansing ceremony. This is what I helped them with," he said.
Zwane said he gave them a herbal medicine for cleansing called "Isihlahlo sogeza."
He said that was the last time he saw them until two police officers came impersonating people who wanted to consult.
He said he told them it was late, and they turned back.
"In less than five minutes, I saw a large convoy of police coming to my house. They told me to open the gate. I did, and they went in. They told me that there were some boys who said I had assisted them with some things, and I told them that I don't do sinister things. I only help people," he said.
Zwane said he was then taken pictures, handcuffed by the police and taken to the police station.
He said when he got to the police station, he saw Sibiya handcuffed and asked him what was happening. He was asked if he could identify him in court, but Zwane said he couldn't.
He said he doesn't see him properly, but he is tall.
After his brief testimony, Zwane was excused from the stand.
The state wanted Zwane's testimony put on hold until the "trial within a trial" is concluded, but the defence questioned this move.
The court adjourned until Tuesday, 5 September.
Monday, 4 September, 12:16
AN SBV Services manager told the North Gauteng High Court in Tshwane that the gun, believed to have killed Senzo Meyiwa, was stolen during a cash-in-transit heist at a shopping centre at Rabie Ridge in May 2013.
Pieter Smuts took the stand to testify on the firearm which was found on accused three Mthobisi Mncube in 2015 and was linked to this matter. Last week, the court learnt that the bullet found at the Meyiwa murder scene matched the bullet fired from the firearm found on Mncube.
Although the serial number was filled off, an etching process was carried out to determine the number. This morning, 4 September, Smuts confirmed that the firearm in court was a 9mm parabellum Cz 75.
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He said their security guards were disarmed during the robbery and their firearms were taken away.
He said the security guards were given a permit every morning to use the guns that day, including the magazines which contained 30 bullets.
Smuts read out a licence card they had given to them pertaining the gun including the serial number of the pistol.
He said it was a licence issued along with the gun by the Firearms Control Act. The serial number matches the number etched by ballistic expert Cornelius Roelofse in 2015.
He said that when the gun was stolen, the matter was reported to the police, who also also launched their own investigation.
"We circulated the gun and reported it missing," he said.
He said they were not notified when the gun was found until he was called to give a statement in 2020.
"I made the statement confirming that the gun belonged to us," he said.
Friday, 1 September
16: 00
The gun might have 'killed' Senzo - Expert
BALLISTIC expert Warrant Officer Cornelius Roelofse confirmed Lieutenant-Colonel Christian Mangena’s version of events about the gun that might have allegedly killed Senzo Meyiwa.
Roelofse testified on the gun found on accused number three, Mthobisi Mncube, in February 2015 and linked to Meyiwa’s murder.
He told the Gauteng North High Court that the firearm had no serial number.
Roelofse said they used the electromagnetic etching process to determine the number.
Although Roelofse has not seen the bullet found on the scene and has not been at the scene, he was able to give the same scenario as Mangena about the bullet movement after it shot Meyiwa and the cartridge not found on the scene.
Commenting on the pictures taken by Mangena, Roelofse said by the look of the mark on the kitchen door, the bullet that hit there had lost its energy.
He said this could be that it had passed through the deceased’s body.
“I was not on the scene, but I think the energy of the bullet would have been lost as it went through the victim’s body. That's why it did not penetrate the door,” he said.
Roelofse also confirmed that the bullet may not have any DNA due to the speed it was travelling.
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“I don’t know if they will find any. They might find it or not, it depends,” he said.
Asked why cartridges may not be found on a crime scene, Roelofse said there is a possibility that a cartridge could be stuck in the firearm if there were two shots, but he can't say what could have happened to the other cartridge.
Presiding Judge Ratha Mokgoatlheng asked Roelofse if the firearm in court was sealed in an evidence bag, was the same gun he sealed in 2015, and he confirmed it.
This comes after the defence lawyers asked if there was a possibility that the gun was switched since Mangena said in his statement that he fetched the gun in an open seal bag.
Defence lawyer Advocate Zithulele Nxumalo asked Roelofse what he understood by sealing the evidence bag.
Roelofse said: “You put exhibits in the evidence bag, peel off the yellow strap and paste the blue one so that nothing can be removed.”
Nxumalo asked what the chances are that evidence could be accepted without being sealed.
He said no, but there may be exceptions that the exhibits, like in the Marikana matter, are not in sealed exhibit bags.
“If an exhibit tears for any reason that should be noted on the SAP 13 form,” he further added.
Roelofse concluded his testimony, and the trial adjourned until Monday, 4 September.
Thursday, 31 August
14:10
State witness' testimony on ice
THE cross-examination of the state witness in the Senzo Meyiwa trial and ballistic expert, Lieutenant-Colonel Christian Mangena, has been put on ice.
This after the defence lawyers told the North Gauteng High Court in Tshwane that they needed to consult with their ballistic expert before they could start questioning Mangena.
Mangena gave damning evidence against accused number three, Mthobisi Mncube on Wednesday, 30 August.
He told the court that the firearm used during the alleged botched robbery that claimed the life of the soccer star is the same gun found on Mncube when he was arrested in 2015 for a taxi killing matter in Cleveland, Joburg.
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To counterattack the evidence, the defence lawyers said they have contacted a ballistic expert who is currently not in South Africa, but will be available on Wednesday, 6 September.
They then requested the court to adjourn Mangena until the consultations.
Judge Ratha Mokgoatlheng granted the adjournment, stating that it was a reasonable request which will allow the accused enough time to defend themselves in the interest of justice.
"I'm sure that this is a reasonable request which makes this court amenable to postpone this matter as announced by the defense counsel,” he said.
The matter was postponed to Friday, 1 September. The state is expected to introduce a new witness.
THURSDAY, 31 AUGUST, 10:48
Senzo Meyiwa Trial: Mncube in deep trouble!
THE bullets that were found on accused number three, Mthobisi Mncube in 2015 matched the bullet that was found at the Senzo Meyiwa crime scene.
This was revealed by the state witness and ballistic expert Lieutenant-Colonel Christian Mangena in the North Gauteng High Court on Wednesday, 30 August.
Mncube was arrested in February 2015, and a 9mm parabellum Czet 75, one magazine, and 16 rounds of 9mm cartridges were confiscated from him.
He was arrested for a matter in Cleveland, but not related to this case.
Mangena said tests on the firearm had been done for the Cleveland case by Colonel Roelofse, so he took tests done by Roelofse on that firearm for the previous case and compared those tests with a bullet found at the Meyiwa crime scene.
He said the ammunition accompanying the firearm was the same as the one found on the crime scene.
Mangena said the bullet that was found on the crime scene was fired from the same gun found on Mncube.
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He said the etching process successfully determined the original serial number despite the serial number having been filed off on this particular gun.
“From the Cleveland case, I found the gun with the Lap number 34369/15 since the serial number was filed off. My colleague who checked the gun and found it, he examined the firearm and tested the firearm and looked at the serial number, and they matched,” he said.
Mangena also clarified the issue of the blood found on the wall after Meyiwa was shot, stating that the blood could be from one of the people who were trying to resuscitate him.
He also said checking bullet residue from the people in the house wouldn’t have helped because Meyiwa was shot in close contact, the gunpowder would have been in his clothes, and all those who touched him would have had the residue.
Mangena is expected to continue with his testimony on Thursday, 31 August.
The defence counsel has told the court that they intend to call their ballistic expert, but they're still trying to gather funds.
WEDNESDAY, 30 AUGUST, 16:10
THE state witness and ballistics expert in the murder trial of Senzo Meyiwa, Lieutenant-Colonel Christian Mangena, told the North High Court that he believes accused three, Mthobisi Mncube, is the person of interest.
He said this after being asked by investigating officer Brigadier Gininda to assist him in his 2020 investigations.
Mangena said Gininda asked him if it was possible to use a person’s height to determine if he had fired a gun.
"I told him it was not possible because the arm is flexible and can move in different directions. But I told to him there might be another method we could use," he said.
He said Gininda told him they had a person of interest and asked to examine.
"He pointed me to Muzi Sibiya, who is accused one. I took his height, which was 1,73 metre, shoulder: 1,7 metre and elbow: 1,3 metre.
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"On 17 June 2020, Gininda again called me and told me about a second person of interest. Who was held at Pretoria North Police Station. The person was accused two Bongani Ntanzi. His height 1,86 metre: shoulder 1,55 metre, elbow: 1,19 metre," he said.
He said he knew it would be difficult to verify from the height whether they fired the shots and suggested that the marks on their legs should also be checked.
Mangena said this was because one of the shots hit the floor and released fragments which, if people were nearby, could injure them.
He said he visited the Joburg Prison on 30 June 2020, to see Mthobisi.
He said he inspected his height, shoulder, elbow, and then asked him to take his shoes and socks off so he could check his feet and legs.
"Just after I asked him to do that, he told me that when he was young, he used to play soccer, and the scars I will find are from the time when he was young."
“From what he told me I knew that this might be the person of interest, because I did not tell him what I was looking for. But it seems like he knew what I was looking for,” he said.
Mangena said from his observations he did not find anything or any marks.
He said he then went to Qalakabusha Prison in KZN, to see Sfisokuhle Ntuli who is accused five so he could do the same observations, but the accused refused to do the exercise.
Mangena said they also went to Leuwkop Prison, were accused four Mthokoziseni Mapisa, was kept and they didn’t find any marks on him.
WEDNESDAY, 30 AUGUST, 14:19
Expert disputes Zandie's claim
BALLISTIC expert Lieutenant-Colonel Christian Mangena has revealed that the deceased was shot at close contact range.
Mangena was giving evidence in the North Gauteng High Court on Wednesday, 30 August.
He is one of the ballistics experts who attended the crime scene where the Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa, was gunned down in October 2014.
Mangena said through his investigation, he was able to establish that Meyiwa was shot by a close contact bullet.
He said this was visible through the T-shirt and the vest he was wearing, and the injuries he sustained.
Mangena said the holes on the T-shirt and the vest were not usual, showing that the gun was pressed on the deceased but in close contact.
He said that the tearing of the skin was caused by the gas from the gun.
Mangena also disputed that there were three shots in the house, as per the testimony of Zandie Khumalo.
He said according to his crime scene investigation, only two possible bullet holes were found - one on the tile and another one on the door.
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He said one shot was fired directly to the floor but since the tile is harder than the soft bullet used, the bullet was more fragmented.
“Some of the fragment was scattered around. If someone was close, they would be hit by it and caused some minor injuries,” he said.
Mangena said the second bullet that hit the door is the same that injured Meyiwa.
“Another shot was fired in the direction of the door. It had a characteristic of an unstable bullet. The unstableness of the bullet could have been as result of an intermediate target between the firearm and the door which most probably was the deceased,” he said.
Explaining this, Mangena said the momentum of the bullet was slowed down after it got into Meyiwa’s body, by the time it hit the door it was no longer as strong, resulting to it damaging the door, bouncing back to the house and landing on the kitchen counter where it was found.
WEDNESDAY, 30 AUGUST, 11:00
Senzo Meyiwa Trial: Ballistic expert to take the stand!
“IT was a fatal shot."
This was said by retired forensic pathologist Dr Johannes Steenekamp in the North Gauteng High Court on Tuesday, 29 August.
Steenekamp was cross-examined by the defence lawyers in the Senzo Meyiwa trial when he was asked if it would have made a difference had he been transported by a stretcher or a private car after he was shot.
Before concluding his testimony, Steenekamp reiterated that Meyiwa had no chance of surviving because the shot was fatal, and he had only seconds or less than five minutes to live.
As the trial continues, a ballistic expert will testify on Wednesday, 30 August.
Lieutenant-Colonel Christian Mangena will be giving evidence on the gun linked to the killing of Meyiwa and the one found on accused number 3, Mthobisi Mncube.
TUESDAY, 29 AUGUST, 13:52
SENZO Meyiwa’s body fitness may have bought him some seconds or minutes before being pronounced dead.
This was revealed by retired forensic pathology expert Dr Johannes Steenekamp during his testimony in the North Gauteng High Court in Tshwane on Tuesday, 29 August.
Giving his spine-chilling evidence, Steenekamp told the court that Meyiwa wouldn't have survived for long after he was shot.
He said: "The heart and lungs are important organs. This injury can cause a fatality. Sometimes it's instant. He was fit. In this case he probably would have survived seconds or minutes, definitely not hours."
Steenekamp is the pathologist who did the post mortem on Meyiwa’s body on 28 of October 2014, this was two days after he was shot dead.
He told the court that the cause of death was determined to be consistent with bullet wound of the chest, involving the heart and the lung and including the loss of blood.
Describing the wound track in Meyiwa’s body, Steenekamp said the bullet entered the body in the front in a downward trajectory.
"Front to the back, away from the midline of the body in an acute angle causing internal injuries and bleeding before it exited on the back."
He said the firearm was close to the victim when it was shot, leading to Meyiwa internally bleeding immediately.
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The doctor said due to the closeness of the firearm, the bullet might have exploded inside Meyiwa’s body.
"The contact bullet wound is when the muscles firmly against the skin everything that goes with explode backwards towards the firearm," said Steenekamp.
He said looking closely art the wound, "the wound edges appear seared or burnt. Situated just below the skin, blackened granular material consistent with gunshot residue are noted in the underlying soft issues. This wound is consistent with a contact bullet entrance wound".
Steenekamp said from his examination, the right lung was pale and partially collapsed due to the injury and blood loss and the left lung congested on section due to the blood vessels are still full of blood.
With the heart, he said the pericardial sac (double-walled sac containing the heart and the roots of the great vessels) was fractured and contained less than 50ml of blood but apart from the injuries mentioned, the heart was normal.
Steenekamp said the liver, bowel and mesentery were pale which indicated blood loss.
Describing the position that Meyiwa might have been standing in when he was shot, he said he could have moved forward and bent down slightly at the waist if the accused was standing right in front of him or he could have tried to push the firearm away from his body, pushing it down.
MONDAY, 28 AUGUST, 16:09
'Mthobisi said the gun was his'
ACCUSED number three, Mthobisi Mncube's ex-girlfriend Kagiso Tefu has survived the hot seat.
Tefu is the first state witness in the Senzo Meyiwa trial not to be cross-examined by defence counsels, even after identifying him on pictures that have been used against him in the trial.
She took the stand on Monday, 28 August, and after giving her statement, the lawyer for accused three consulted with his client before telling the court that they won’t cross-examine her.
When giving her evidence, she told the court that she met the accused on the Saturday of the first week of January 2015 when the accused and his friends stopped and asked for directions while she was with her friend.
She said later on they started dating and looked for a place to live together.
“After moving in, we didn’t spend much time staying there, maybe after two weeks. They then came to arrest him,” she said.
Speaking on the day Mncube was arrested, Tefu said: “I think it was on the 9th of February 2015. It was in the afternoon, around 4 or 5. I was from work, and I asked him to wait for me at the bus stop as I was carrying some plastic bags.”
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“As we got to the gate, then appeared a red vehicle driving at a high speed and braked in front of us, and they quickly got out of the car carrying firearms. They then ordered him to lie down. It was two male officers and a female officer,” she said.
Tefu said the female officer pulled her aside and told her why they were arresting him.
She said they then handcuffed him and asked them to open the gate and show them their room.
She said they got into the room and searched it while she and the female officers stood outside.
“He then asked the female officer to go fetch the exhibit bag from the vehicle. They asked if we knew anything about the gun. I said I didn’t, and he kept quiet. That's when they said we'll arrest you both.
“Then he said they should leave me because I didn't know anything. He said it (the gun) belonged to him,” she said.
Tefu was also shown pictures on the screen in court to identify Mncube. She said the man in braided dreadlocks was him.
The court adjourned for overnight. A pathologist is expected to take the stand on Tuesday morning, 29 August.
MONDAY. 28 AUGUST, 13:41
Accused 3 fingered again!
AS the Senzo Meyiwa trial continues on Monday, 28 August, the focus continues to be on accused number three, Mthobisi Mncube.
This is after a former landlord and ex-girlfriend were called to testify on behalf of the state in the North Gauteng High Court.
The state started by calling Chipane Lesley Kgaphola to testify as the former landlord of Mncube in Malvern, Joburg.
He told the court that accused three is the man who arrived at his property in Malvern around mid-January of 2015 looking for a place to stay.
He said Mncube was with a female person, and he negotiated with the accused, and they agreed on terms.
“There was indeed a room that was available. But I did say to them since it was in the middle of the month, it didn’t make sense that they should move in then, and that they’d move in at the beginning of February,” he said.
He said they spoke to the caretaker requesting to move in sooner rather than later.
“I gave them the go-ahead to move in and I took the rent from them. They paid the full rent,” he said.
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When asked if Mncube gave him the reasons on why he wanted to move in sooner, Kgaphola said no he did not.
“He didn’t specifically explain why they had to move in January. He just said they needed to move in. He moved into what we call Room 5, which is the room next to the kitchen,” said Kgaphola.
State Prosecutor Advocate George Baloyi asked Kgaphola if he remembers how he looked like.
He said he had dreadlocks, was light in complexion and was shorter than him.
Kgaphola said earlier in February, he was told that Mncube has been arrested and he left the premises in chains, but the girlfriend continued to live there.
He said that was the last time he saw him until now in court.
During the cross-examination, lawyer for accused three, Advocate Charles Mnisi, asked if he knew how he looked like on 26 October 2014, the day Meyiwa was shot dead.
Kgaphola said he never saw him before mid-January 2015.
He concluded his testimony, Mncube’s ex-girlfriend Kagiso Tefu took the stand.
MONDAY, 28 AUGUST, 10:20
A NEW witness takes the stand
IT'S almost nine years since the Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa, was gunned down at the home of his then girlfriend and baby mama Kelly Khumalo in Vosloorus, Ekurhuleni.
A quest to find his killers continues at the North Gauteng High Court in Tshwane on Monday morning, 28 August where five men are currently standing trial for his murder.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli were arrested in 2020 in relation to the incident.
They are charged with the premeditated murder, attempted murder, robbery with aggravating circumstances, as well as possession of illegal firearm and ammunition.
The accused have since pleaded not guilty to all the charges.
This morning, a new state-witness is expected to take the stand.
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Last week, a gun found on one of the suspects took centre stage. It was heard that the gun was almost destroyed before it could be linked to this trial and just at the last minute, it was recalled and will be used as exhibit.
This week, a ballistic expert is expected to reveal more on how the 9mm pistol and the ammunitions found on accused three, Mncube is linked to Meyiwa’s murder.
Meanwhile, speaking to eNCA, Meyiwa’s brother Sifiso Meyiwa insisted that the accused are all innocent and there's a major cover up.
He said he believes there were no intruders the night his brother was shot and believes that Presiding Judge Ratha Mokgoatlheng will find justice for his brother.
“I trust this judge and I have followed all the cases he presided over. He is fair and doesn’t take nonsense,” he said.
FRIDAY, 25 AUGUST, 14:12
CAPTAIN Bonginkosi Mtshali has refused to comment on the assertion that there is a likelihood that the firearm Colonel Mangena received on 20 July 2020 might not have been the same gun that was brought to the Cleveland Police Station by Warrant Officer Masondo in 2015.
This is the firearm that was allegedly found on accused three in February 2015 for another matter, which has been concluded and has been linked to the Meyiwa murder trial.
Mtshali, who was in charge of guarding evidence, including the firearm, told the North Gauteng High Court that before Magena took the firearm, the investigating officer took the firearm and returned it the same day.
During cross-examination, Advocate Charles Mnisi asked if it is correct that in Mtshali's statements, he did not mention that Mangena came on 20 July 2020 to book out the gun and that he also didn’t mention that the exhibits were not sealed.
Mtshali agreed that he didn't say that in his statement.
Mnisi further told Mtshali that Mangena made a statement explaining how he got hold of the firearm.
“And when he comes to testify in court, this is what he is going to say, in an affidavit he wrote on 12 August 2020. He will come and say on Monday, 20th of July 2020, he booked out a firearm and ammunition from SAP13 86 of 2015.”
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He said that the said exhibits were received in an open exhibit bag and were booked out for CAS 636/10/2014.
“Do you remember that you said you were strict about the exhibit bags being sealed when they come to you? Is there a likelihood that the firearm received in July 2020 could not have been the original firearm?" said Mnisi.
“I cannot comment on that,” said Mtshali.
Mnisi further asked when Mangena took the gun on the 20th did Mtshali sign.
"No, because they normally don’t sign.
“We just say the gun was taken by so and so. That's why the procedure has now been changed to say we must sign to avoid such situations,” he said.
Mtshali said that Magena is the one who must sign for it so that if it goes missing, he should answer for it.
FRIDAY, 25 AUGUST 12:03
STATE witness Captain Bonginkosi Blessing Mtshali is being cross-examined by the defence counsel in the Senzo Meyiwa murder trial in the North Gauteng High Court on Friday, 25 August.
Mtshali is a store commander in the SAP13 division, where he is entrusted with safeguarding every piece of evidence brought in and will later be used as exhibits in courts.
On Thursday, 24 August, Mtshali was giving evidence about exhibits that form part of the trial. He also told the court that a firearm was almost destroyed before it could be linked to the Meyiwa trial.
He said the reason it was to be destroyed was that it was used for a Cleveland Police Station case which was concluded, and judgment given.
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"After a case is concluded, an instruction from the head office comes through that it must be destroyed. This was before Colonel Gininda came back to book it out for the Vosloorus case," he said.
This is the firearm which was found in possession of accused number three. He was arrested for it in another matter which is not related to this trial in February 2015.
Defence lawyer for accused one and two, Attorney Sipho Ramosepele, questioned if it was procedure for ballistics personnel to come directly to book out an exhibit?
This comes after Mtshali told the court on Thursday, 24 August that Colonel Mangena, who is a ballistic expert, booked out the gun in 2020.
Responding to Ramosepele, Mtshali said he wouldn’t say if it's procedural or not.
Mtshali also said that he only learnt now that Mangena is a ballistics person.
“I don't enquire about the profile of the person. I just know investigating officers come,” he said.
THURSDAY, 24 AUGUST, 16:10
THE potential "smoking gun" in the murder trial of Senzo Meyiwa was almost destroyed by the state.
Captain Bonginkosi Blessing Mtshali said this in the North Gauteng High Court on Thursday, 24 August.
Mtshali was giving more evidence on the gun, which was allegedly found in the possession of accused three, Mthobisi Mncube, when he was arrested in February 2015 in another matter unrelated to this case.
The state has not yet explained or disclosed how the gun is linked to the shooting of Meyiwa, and the 9mm pistol has been mentioned a few times in court.
During his testimony, Mtshali, who has 25 years of experience in the police force, told the court that he is the store commander at the Cleveland police's SAP13 division, and that it his duty to safeguard exhibits and evidence so that they don’t get tampered with.
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He further said the firearm and live ammunition found on Mncube were among the exhibits kept by the previous SAP13 store commander from 2015 to 2019 when he took over the division.
Mtshali said in November 2017 an instruction from branch commander was given that these items, including the pistol, should be forfeited by the state and be destroyed.
He said the firearm was there for some time with no serial number and ballistic report, that's why it was decided it should be forfeited to the state.
"The serial number was filed off. Now it means there is a special procedure that needs to be compiled with," he said.
When asked why the firearm was not destroyed, Mtshali said: "One can keep the firearm for two to three years due to paperwork."
He said that the firearm and ammunitions were sent for ballistics by Colonel Mangena in July 2020, for further investigations before they can be destroyed.
He said it was also taken for ballistics and was retuned back, that's how it ended up not being destroyed.
Mtshali said if the hadn't been any delay with the paperwork, he wouldn’t be testifying in court because the gun would have been destroyed.
The documents he was testifying were handed to the defense team for perusal.
He will be cross examined on Friday, 25 August and the matter was adjourned for overnight.
THURSDAY, 24 AUGUST, 13:46
Senzo Meyiwa Trial: AYEYE! Lawyers gun for Mosia
DEFENCE lawyers are baying for Warrant Officer Thabo Mosia’s blood.
This after they told the North Gauteng High Court on Thursday, 24 August, that he needs to return to court and explain some discrepancies they found between his testimony in court and his 2014 pocketbook and car register entries.
Before proceeding, presiding Judge Ratha Mokgoatlheng asked the defence lawyers if they planned to recall Mosia back to the stand.
They all responded yes, as he needed to come and clear up the discrepancies.
The alleged inconsistencies were highlighted on Wednesday, 23 August afternoon, when the Springs Local Record Centre's Colonel Sikheto Joel Ngomana was subpoenaed in court to present the registrar of Mosia’s movement, including his pocketbook which he used when attending the Meyiwa crime scene.
The defence lawyers asked Mosia to bring his movement register to prove that, indeed, he went to attend other crime scenes. Still, he raised concerns about the request, claiming the case has made him sick and that he couldn't handle the movement of going to search for the documents.
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The court was forced to summon Ngomana as the custodian of the document Crime Scene Investigation commander at Springs.
When presenting the pocketbook and register entries, it showed that Mosia left the Meyiwa crime scene to attend other cases in the early hours of 27 October and only went back to the crime scene at 10.25am, which contradicts what he told the court.
During his testimony, Mosia said he returned to the scene at about 6am.
What worried the defence lawyers was the period he left the crime scene, which he was in charge of unattended, claiming that anyone could have contaminated it.
Questions about him not booking the evidence and the exhibits he took from the scene the same day also arose during his cross-examination.
Mosia told the court that the reason he could book the evidence the same day was that he left the scene in the afternoon after four, and the evidence clerk had already knocked off.
However, according to his car log register, he arrived at the station at 2.30pm.
THURSDAY, 24 AUGUST 11:00
THE Senzo Meyiwa murder trial is back in the North Gauteng High Court in Tshwane on Thursday morning, 24 August, where a new state witness is expected to take the stand.
Five men are currently trying to prove their innocence in the killing of the soccer star, while the state is fighting to get justice after almost nine years since the gruesome crime.
Meyiwa was shot and killed in an alleged botched robbery at his then-girlfriend and baby mama, singer Kelly Khumalo’s house in Vosloorus, Ekurhuleni in October 2014.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli were arrested in 2020 in relation to the incident.
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They are charged with the premeditated murder and attempted murder, robbery with aggravating circumstances, as well as possession of illegal firearm and ammunition.
They have since pleaded not guilty to all of the charges.
So far, 15 people have taken the stand on behalf of the state.
This morning, Captain Bonginkosi Blessing Mtshali will be taking the stand in respect to some of the evidence that has already been presented in court.
He will be testifying about the firearm which was found on accused three, Mthobisi Mncube.
WEDNESDAY, 23 AUGUST 16:45
Cops' statements contradict
THE North Gauteng High Court in Tshwane heard that no swabbing was done on the bullet projectile to check if there was blood or not.
This was during a re-cross examination of the state witness Lieutenant Thobeka Mhlahlo on Wednesday, 23 August.
Lawyer for accused four, Advocate Zithulele Nxumalo, asked Mhlahlo if swabs were done on the bullet projectile which was found on the kitchen counter.
Mhlahlo said Warrant Officer Thabo Mosia did not take any DNA swabs.
This is the same bullet which Nxumalo accused Mhlahlo and Mosia of planting it on the kitchen counter.
Before concluding with her testimony, Mhlahlo also explained to the court why fingerprints were not taken at the Kitchen door which was allegedly used by the intruders.
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She said they checked for prints using a powder test and a light, but no prints were found.
But this is contrary to what Mosia told the court last week. He said no prints were taken because the door was used frequently before and after the incident.
Meanwhile, Springs Local Record Centre Lieutenant-Colonel Sikheto Joel Ngomana was brought to the stand, to present the registrar of Mosia’s movement after attending the Meyiwa crime scene.
Mosia was asked by the defence lawyers to bring his movement register to prove that indeed he went to attend other crime scenes when he left the Meyiwa crime scenes.
Mosia, who no longer works at the Springs Police Station in Gauteng, previously told the court he was not doing well because of his health and the back and forth would not do well for him.
So as the custodian of the document Crime Scene Investigation commander, Colonel Ngomana was subpoenaed to present Mosia register as per the request of the court.
WEDNESDAY, 23 AUGUST, 13:29
Senzo Meyiwa Trial: Mshololo grills investigator!
CRIME scene investigator Lieutenant-Colonel Thobeka Mhlahlo has been accused of leaving crucial evidence at the Senzo Meyiwa murder crime scene.
The lawyer for accused five, Advocate Zandile Mshololo, during her cross-examination of state witness Mhlahlo, questioned why she did not take the door fragment found next to the projectile as part of the evidence.
She further said the fragment was part of the crucial evidence which needed to be investigated.
But Mhlahlo said the wood piece had no evidence value.
Mshololo further moved to the discovery of the bullet fragment on top of the kitchen counter, behind two glass jars.
She questioned that Mhlahlo discovered a bullet where people were moving in and out of the kitchen door.
"And it's also the evidence of Mr Mosia that he inspected the area and didn't find the bullet," Mshololo said.
Mhlahlo explained how she found the bullet by shifting the glass jars.
She said if she hadn't followed the trajectory as per damage on the door, maybe she would not have found that bullet head.
Mshololo said the reason why Mosia did not find a bullet was because it was not there.
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"It was planted by the people moving in and out of the scene after he had left and before you arrived.
"My point is that it was not there, and it was placed there by the people who were coming in and out because that door was never closed," said Mshololo.
Mhlahlo said she wouldn't comment on that, but all that she knows is that she found a bullet there.
She concluded her cross-examination, and Attorney Sipho Ramosepele re-cross-examined Mhlahlo.
He referred to her as a picture that depicts some blood stains on the kitchen wall.
"Was the bullet projectile swabbed for any DNA seeing that the bullet perforated the deceased's body," asked Ramosepele.
Mhlahlo said no, Mosia did not do so.
WEDNESDAY, 23 AUGUST, 10:20
THE murder trial against five men accused of killing the Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa will continue on Wednesday, 23 August in the North Gauteng High Court.
The matter will resume with the lawyer for accused five, Advocate Zandile Mshololo, beginning with her cross-examination of state witness Lieutenant-Colonel Thobeka Mhlahlo.
On Tuesday, 22 August, we heard how Mhlahlo and her colleagues who attended the shooting incident reconstructed the crime scene by planting a bullet fragment that matches a gun allegedly found in possession of accused three, Mthobisi Mncube.
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Five men have since been arrested for the premeditated murder and they are facing four additional crimes including attempted murder, robbery with aggravating circumstances, possession of illegal firearm and ammunition.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli have pleaded not guilty to all the charges.
TUESDAY, 22 AUGUST, 18:58
WARRANT Officer Thabo Mosia and Lieutenant-Colonel Thobeka Mhlahlo have been accused of reconstructing the crime scene.
This was said by the defence lawyer for accused four, Advocate Zithulele Nxumalo, when he was cross-examining Mhlahlo.
He said the reason is that the state witness, Tumelo Madlala, said one of the intruders had a firearm with a wheel - which Mosia described it as a revolver.
Nxumalo said the bullet projectile from the revolver was removed from the scene and replaced with the projectile found by the police.
Nxumalo further said Mosia testified that a revolver does not eject a cartridge and asked Mhlahlo if there were any empty cartridges that were found at the scene.
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Mhahlo said: “In my presence, none.”
Nxumalo said during the investigation, the police found a bullet projectile somewhere which matched with the firearm allegedly found in the possession of accused three.
“I am making a proposition that on 9 February 2015, the police went to look for a projectile that matches the firearm allegedly found in the possession of accused three.
When asked if she can comment on the allegations, Mhlahlo said: “I know I am not allowed to ask questions, but I want to know who said I planted the evidence?”
Nxumalo said unfortunately he cannot answer that.
Nxumalo concluded his cross-examination and the court adjourned until Wednesday, 23 August.
TUESDAY, 22 AUGUST, 16:05
THE packaging of the bullet fragment took centre stage in the North Gauteng High Court.
This came after defence lawyer in the murder trial of Senzo Meyiwa grilled the state witness as to why she packaged the exhibit in an envelope before placing it in the forensic bag.
Defence lawyer for accused number three, Advocate Charles Mnisi, put it to Lieutenant-Colonel Thobeka Mhlahlo that this reason was why the forensic bag had to be transparent so that the contents of the exhibit could be seen.
This comes after Mhlahlo showed the court photos she had taken at the scene. One of the pictures showed a brown envelop written Exhibit A inside a forensic bag.
According to Mhlahlo, the envelope contained a fragment bullet which was found on the scene.
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Mnisi wanted to know why the exhibit was placed inside the brown envelope, instead of a plastic bag so that it can be visible for people to see.
"I have already told the court that an envelope is used to keep the integrity of the exhibit that has been found and to keep the exhibit as it is, until it gets to where it needs to go," Mhlahlo said.
Mnisi further went to ask about a splinter of the door which is seen next to the bullet fragment on photo of exhibit A.
He asked if that splinter was taken as part of evidence.
Mhlahlo said no, because it was not crucial evidence.
"I put it to you the fragment on the door and the bullet were not there, somebody put those things there, they were staged," Mnisi said.
The witness said maybe the court will tell them who the person is because when she arrived at the scene, she found them there.
“When I found them there, I was with Mosia and Zwane,” she said.
Mnisi further said the fragment seen on the picture, claimed to have come from the door, is a "cooky pen drawing" used to cook the case against the accused.
"Maybe you know from your theory because this is what I found on the scene," Mhlahlo said.
She insisted that the fragment of the door was not part of the evidence, and the only evidence that was collected was the bullet because there was shooting and someone lost their lives.
Mnisi said the reason why she says she disregarded that piece of the door is because it was there.
"That thing is a drawing at any event you can’t pick up something that has been drawn with a cocky pen," he said.
Mhlahlo said they only collect evidence that had value.
Mnisi concludes his cross-examination.
TUESDAY, 22 AUGUST, 13:50
SINGER Kelly Khumalo’s fingerprints are the only prints found in one of the bedroom doors inside the house where the Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa, was shot at in October 2014.
This is according to the 14th state witness, Lieutenant-Colonel Thobeka Mhlahlo, who compiled photo evidence and also took fingerprints on the crime scene.
She said they took the prints of all those who were in the house on the night of the incident to compare them with the ones found on the door.
Mhlahlo said when the elimination report came back, it only matched with Nonhlanhla Khumalo.
When asked who Nonhlanhla Khumalo is, she said the report only wrote that name and this is one of the people who were in the house.
Mhlahlo said that the report was sent to the investigating officer.
She further told the court that after they are done investigating the crime scene, they do a recheck incase they have missed anything.
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“I want to explain to the court, once we are done with investigation, the crime scene gets searched again. The same way we were able to find the bullet fragment, we also looked for the cartridge, but it was never found even after they re-searched,” she said.
During the cross-examination, Attorney Sipho Ramosepele questioned Mhlahlo on how she was able to find a bullet fragment behind the two glass jars on the kitchen counter.
This is the projectile which was not found by Mosia and the two first police respondent on the day of the incident.
Ramosepele asked: “What attracted you to the glass jars where you found the bullet head?”
Mhlahlo said she saw the damage on the door and looked to see if the bullet went out the door.
“It didn't and we then looked on cupboard, that's how we found it,” she said.
Ramosepele also questioned about the blood spot which Mhlahlo found.
Mhlahlo told the court that the only blood she found was the one in the living room, not on the kitchen door which had a bullet hole and where they found the projectile.
Ramosepele asked: “Did you observe any bloodstains by the kitchen door and by the place the glass jars where you found the bullet head?”
Mhlahlo said no, adding that the projectile did not have any bloodstains.
TUESDAY, 22 AUGUST, 10:55
Cop to take court through bloody pics!
A NEW state witness in the Senzo Meyiwa murder trial has taken the stand in the North Gauteng High Court in Tshwane.
Lieutenant-Colonel Thobeka Mhlahlo is one of the police officers who took photos and fingerprints the day after Meyiwa was shot dead. She has taken the stand to give evidence that was gathered at the crime scene in the Khumalo household in Vosloorus, Ekurhuleni on the night Bafana Bafana goalkeeper was killed on 26 October.
Mhlahlo, who has 22 years of experience in the police force, is the one who photographed the crime scene and found the bullet projectile on the kitchen counter.
Talking about her involvement in the case, Mhlahlo told the court she was requested to attend a crime in Vosloorus where an alleged shooting incident took place.
She said she arrived on the scene and found Mosia and Captain Zwane, and they showed her around the scene.
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She said after a debriefing, it was decided that Mosia will lead the investigation as he had already been in the house since the early hours of the morning.
She took the court through the photos she took, including of the bedroom and the living room where blood spots were found next to a couch and a TV stand.
Mhlahlo is expected to continue with her evidence on Tuesday 22 August, before being cross-examined.
Before concluding his testimony, Mosia was accused of lying that he attended another case the same night Meyiwa was shot dead.
Mshololo said: “I put it to you that there are no cases you had to attend.”
Mosia was further accused of putting a bullet on the kitchen counter to be discovered the following day. He refuted the claims.
MONDAY, 21 AUGUST, 16:18
Defence grills forensic cop!
DEFENCE lawyer Advocate Zandile Mshololo tried to find weaknesses in forensic officer Thabo Mosia’s testimony.
Seeking to poke holes in the state witness' testimony, Mshololo argued that there's no one who can confirm that Mosia kept exhibits collected from the crime scene in safekeeping.
This comes after Mosia told the court that after collecting evidence at the Khumalo household in Vosloorus, he kept the evidence in his locker at Springs Police Station and he was the only person responsible for the locker.
He said the reason he had to keep it there was because the exhibit clerk had already knocked off and he only managed to book the exhibits the morning after they had been collected.
But Mshololo contested this by saying no one can attest to Mosia's version of events.
“I disagree with that and on many occasions, I have explained that we worked tirelessly on that day and when we got to the office the exhibit clerk was not there and the safest thing to do was to put the exhibits in a lockable safe for safekeeping,” he said.
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Mshololo further questioned why Mosia failed to take fingerprints on the kitchen door where the alleged intruders used to enter and exit the house.
Mosia said he did not take any fingerprints on the kitchen door because the door had been frequently used between the time the alleged intruders were on the scene and the time he arrived at the scene.
He also said he didn’t take any fingerprints on Meyiwa’s car because he was following through the information he was given about the movement of the intruders.
He said when he arrived at the scene, he was told that there were two intruders and one was outside while the other was in the house and they demanded cellphones and money.
Meanwhile, earlier Mosia conceded that on the night of Meyiwa's murder he did not have a cellphone which could have assisted him in finding the address to the Khumalo’s household after he was notified of the shooting.
This after he was questioned by Mshololo on why he didn't call the police station to ascertain the address of the Khumalo home instead of driving to the station first before going to the scene.
Mosia said he did not have a state phone and had to first drive to the Vosloorus Police Station to get the address.
He's also explained that sometimes state phones don't function well because a lot of people are using them.
MONDAY, 21 AUGUST, 13:25
This case made me SICK!
STATE witness Warrant Officer Thabo Mosia expresses concern about his health before the North Gauteng High Court on Monday, 21 August.
Mosia, who is the 13th state witness in the murder trial of Senzo Meyiwa, told the court that the matter made him sick last year.
He said he had tried to meet the court halfway but had to put his foot down to protect his health.
Mosia was being cross-examined by defence lawyer Advocate Zandile Mshololo, who requested him to get case numbers and references that led him to leave the Meyiwa crime scene to attend to those cases.
He told the court that to get this information, it will require him to go to the Springs Police Station where he no longer works.
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He further said that he will not be able to manage the back and forth from Mpumalanga to Gauteng to get those case numbers.
"I have my reservations about this court. I have a chronic illness. This witness box made me sick for five months last year. I don’t think I will be able to recover this time, with the traveling.
"I've met this court halfway. I also should be able to displace my issues to the court that has to do with my health,” Mosia said.
Mshololo said she sympathised him and did not want to cause him problems, but she was only asking for this information because he had given evidence to why he left the scene of the crime.
Presiding Judge Ratha Mokgotlhoang interjected and said in a trial there is vital evidence and nonvital evidence and the records Mshololo is seeking from the witness were from October 2014.
"The records you say he must peruse are nine years old. Unless you put it to him that he is lying when he says he left the scene to attend other crime scenes then that would be dealt with during the closing arguments,” Mokgotlhoang said.
Mshololo went to further put it to Mosia that there were no cases he had to attend.
"Even though I have no evidence to prove that, but I disagree with what you are saying. And at the time you left the crime scene, you had not identified the bullet. Mosia: That's correct," Mshololo said.
MONDAY, 21 AUGUST, 11:17
Senzo Meyiwa trial: Mosia back in the hot seat
THE trial against five men accused of killing Senzo Meyiwa is continuing in the North Gauteng High Court this morning, 21 August.
Warrant Officer Thabo Mosia will continue with his cross-examination from Advocate Zithulele Nxumalo and Advocate Zandile Mshololo.
Mosia, who has 17 years’ experience in the police force and 15 years’ experience in the Criminal Record Centre (CRC) at Springs in Gauteng, was the first forensic expert to arrive on the crime scene.
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Last week, Mosia told the court that he was concerned with the four-hours’ time gap which it took for the matter to be reported to him.
He said the time lapse might have left the crime scene where the soccer star was shot at unsecured with an opportunity of being contaminated or tampered with.
Meyiwa was shot dead during an alleged botched robbery in Vosloorus, Gauteng in October 2014. When the incident happened, the soccer player was in the presence of his then girlfriend Kelly Khumalo, her sister Zandie Khumalo, their mother Gladness Khumalo, his two childhood friends, Mthokozisi Thwala and Tumelo Madlala, Zandie's then boyfriend Longwe Twala, as well as Kelly’s two minor kids.
FRIDAY, 18 AUGUST, 12:46
Senzo Meyiwa trial: Kitchen door saga exposed!
THE North Gauteng High Court heard that the deceased, Senzo Meyiwa, may have had his back to the kitchen door when he was shot.
This is according to the State's 13th witness, forensic officer Thabo Mosia.
Mosia was the first forensic expert at the scene where the footballer was shot at the apparent home invasion in October 2014.
Defence lawyer for accused four, Advocate Zithulele Nxumalo, questioned Mosia on his investigations, specifically on why swabs weren't taken from the other bedroom door, the gun residues from the people who were in the house and the place where Meyiwa might have been shot in.
Mosia had also told the court that he believes Meyiwa had his back to the kitchen door when he was shot, somewhere towards the middle of the small kitchen.
"The exhibits also led me to that. The kitchen is too confined. Based on my reconstruction, my inference could be the deceased had his back facing the kitchen door," said Mosia.
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Nxumalo told Mosia he was concerned that he did not take the swabs off the other bedroom doors.
He said the reason was that there was evidence that Tumelo Madlala went into the bedroom where he did not take swabs.
Mosia said his investigations were directed at the perpetrators rather than the victims.
He further said he only focused on the bedroom door mentioned in witness statements, which he said guided investigations.
Mosia also admitted that the people in the house with Meyiwa were considered victims and not suspects at the time of the investigations.
He said it didn't occur to him they could be suspects; hence, no gunpowder residue tests were done on them.
The matter has adjourned for Monday, 21 August, with the defence lawyer Advocate Zandile Mshololo to begin with her cross-examination.
THURSDAY, 17 AUGUST, 15:49
THERE could have been two shots fired in the Khumalo house.
This is according to forensic expert Sergeant Thabo Mosia, who was testifying in the North Gauteng High Court on Thursday, 17 August.
Mosia said according to his investigation, it seemed as if there were only two gunshots.
He said when he was conducting his investigation on the night Bafana Bafana captain Senzo Meyiwa was shot, he found one bullet casing and the following day with other police officers he found another bullet projectile.
He also mentioned that even the bullet points were only two.
But this evidence contradicted Zandie Khumalo’s statement, who told the court that she heard three gunshots.
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Mosia was also asked to comment on the allegations that a neighbour, Maggie Phiri, had cleaned the crime scene before the police arrived.
Lawyer for accused one and two, Attorney Sipho Ramosepele, told Mosia that there's evidence presented in court that states that Maggie removed some beer cans on the floor and also mopped the floor, citing that she didn’t want the police to see that the people who were in the house were drinking.
Mosia said he understands that, but he would rather not comment on that.
He also told the court that he was worried the crime scene might have been contaminated since he was called four hours after the shooting took place.
Court adjourned for overnight (18 August) after Mosia said he was getting confused.
THURSDAY, 17 AUGUST, 13:06
Senzo Meyiwa trial: Bedroom fingerprints shock!
THE first forensic expert to attend the scene where Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa was shot took the witness stand to give evidence on what he found on the crime scene.
Sergeant Thabo Mosia, who has 17 years of experience in the police force and 15 years of experience in the Criminal Record Centre (CRC) at Springs in Gauteng, told the North Gauteng High Court that he was the first forensic expert to arrive at the scene.
Giving his testimony about what happened on that fateful night Meyiwa was gunned down, Mosia showed the court pictures of the items he found on the scene, and he took swaps.
He went through his pictures, saying he found a fragmented bullet on the floor, a silver-grey walking stick, two cans of beer, and a brown scotch hat.
Mosia also told the court that he found a bullet behind the glass jars on the kitchen counter and found a projectile that was the front of the bullet.
He said they also found a bullet hole in the kitchen door.
State Prosecutor Advocate George Baloyi asked what further investigation on the bullet hole on the door entailed.
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Mosia said: “We noticed it had not penetrated the kitchen door. We then searched and found the bullet projectile on the kitchen sink.”
He further said they had to move the glass jars to find the projectile.
Mosia said they found fingerprints on one of the bedroom doors.
He told the court that all the swaps were put in different forensic evidence bags separately and later put them in his locker.
Mosia said after working on the crime scene, he left at about 2pm, the day after Meyiwa was shot dead, to safe keep the evidence.
The lawyer for accused one and two, Sipho Ramosepele, is set to cross-examine Mosia.
Wednesday, 16 August
15:10
KELLY Khumalo’s mum has been accused of tampering with evidence.
This after the state witness told the North Gauteng High Court in Tshwane that Kelly Khumalo's mum Ntombi "Makhumalo" touched the hat that was allegedly worn by one of the intruders the night the Bafana Bafana and Orlando Pirates goalkeeper was gunned down in October 2014.
State witness Sergeant Timothy Mathebula, who was one of the first police officers to respond to a shooting in Vosloorus, testified in court about what they found at the Khumalo household after the shooting.
Mathebula said they went to the house two times, and the first time, there was no one in the house except Kelly's uncle Themba Khumalo who opened the door for them.
He said when they got inside, they found dishes and cans of alcohol.
He told the court that it looked like there was a party, not a crime scene and they didn’t think they should cordon the house.
He said but when they came back for the second time with Makhumalo, whom they fetched from the Botshelong Hospital, she started to relay to them what had happened. He said it was only then that they secured the scene.
He said she took them inside the house and picked up a hat and told them it belonged to the intruders.
“I then told her to put it down quickly because it was evidence,” said Mathebula.
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He was asked if he wrote or told other police officers that Makhumalo touched the evidence. He told the court no.
Lawyer for accused five Advocate Zandile Mshololo asked Mathebula if he would say that MaKhumalo tempered or contaminated the evidence when she touched the hat. Mathebula said yes and when asked why he didn’t report this or write in on his statement, he told the court that he didn’t think it was necessary.
Mathebula also told the court MaKhumalo informed him that Kelly’s cellphone was stolen on that night, but he did not include this in his statement.
“Were you on your sound and sober senses when you attended the crime scene?” asked Mshololo.
The state witness said yes, he was. He also told the court that the first time they went into the house, they could see any bullet projectiles or the blood.
He said they began to thoroughly search the house after they were told the shooting incident happened in the house and that is when they found a bullet projectile and also saw a hole in the door.
Mathebula concluded his testimony after refuting claims from one of the previous witnesses claiming that she is the one who showed the police the bullet projectile.
Lawyer for accused one and two, Attorney Sipho Ramosepele said the Khumalos' neighbour Nthabiseng Mokete said she was there as the police were searching around. She said she saw the projectile and asked, “Is this not what you were looking for?”
Mathebula said: ”I don’t remember that.”
Wednesday, 16 August
12:11
LAWYER of accused three in the Senzo Meyiwa murder trial has told the North Gauteng High Court that his client Mthobisi Mncube wants to have his plea on the fourth count against him be changed.
The fourth count relates to the unlawful possession of a firearm.
Before the proceeding of day's sitting could get underway on Wednesday 16 August, Advocate Charles Mnisi told the court that his clients wanted to plead Autrefois Convict - which means his new plea was that he has already been tried for and convicted of the same offence.
The firearm in question was the one state witnesses, Sergeant Mandla Masondo and Sergeant Sibongiseni Dlamini, gave evidence about when they arrested Mncube for a different matter.
Mnisi told the court that the accused has served the sentence for the charge. The judge wanted to know how long the sentence was for and that the court also needed to know whether there were other related charges. Mnisi said the sentence was irrelevant.
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The judge said if the accused was previously charged with the unlawful possession of the same firearm and convicted, he couldn't allow evidence to be led in the Meyiwa trial on the same charge all over again as that would be unconstitutional.
But the state has told the court that the suspect was convicted for a matter that was not related to this current trial.
State prosecutor Advocate George Baloyi said the firearm found on accused three was connected to the bullet point found on the crime scene where Meyiwa was shot by two alleged intruders.
The matter continued with a new state witness, Sergeant Timothy Mathebula who was one of the first police officers who responded to the shooting incident the night Meyiwa was killed.
TUESDAY, 15 August
16:59
THE first police officer to attend the scene where Senzo Meyiwa was killed has been accused of being reckless with the crime scene.
This came after Sergent Mlungisi Patrick Mthethwa told the North Gauteng High Court that they left the scene unattended when Meyiwa was rushed to the Botshelong Hospital.
During an intense cross-examination by lawyer for the five accused, Advocate Zandile Mshololo, Mthethwa was asked if he had received a call about a shooting, and why they had not corned off the scene after they left the scene.
Mthethwa said yes, because they usually get such calls.
"You get a complaint, and it turns out not to be true. If you don’t find anyone to confirm the complaint you will end up guarding what is not even a scene," he said.
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Mthethwa defended their action of not protecting the scene by telling the court that there was no one to tell them what happened there, and nothing in the house showed any sign of crime.
"When we entered the house, nothing suggested something had happened in that house," he said.
Mshololo read a statement by Sylvia Ngubeni, in which she says Maggie Phiri said Senzo hadn't died, and asked “why should we call the police. I then said even though he hadn’t died they had to call the police. Khaya Ngcatshe called the police".
She said it also said in the statement that Sylvia mentioned that "Gugu said uMaKhumalo gave her the keys, Senzo’s cellphone and Tingo and then she followed the people who had gone to the hospital".
Mshololo said in the statement, once they were in the house after the shooting, "I then saw water on the floor. I was amazed to see the water on the floor, when there was a shooting in the house".
"I made a comment that why was there water on the floor. Maggie Phiri said it was not water. It was liquor".
Mshololo continued with a statement by Sylvia Ngubeni on how they got into the house and out before the police arrived to cordon off the crime scene.
Asked to comment, Mthethwa said: “I agree but there were no people inside.”
Mshololo further put it to Mthethwa that by the time they cordoned off the place, the scene had already been tampered with.
Mthethwa agreed.
Mshololo will continue with her cross examination on Wednesday, 16 August.
TUESDAY, 15 August
13:15
THE Senzo Meyiwa murder trial is moving with speed.
It’s been five weeks since the restart of the trial into the killing of the former Bafana Bafana and Orlando Pirates goalkeeper and so far, 11 witnesses have taken the stand.
Three people who were in the house when Meyiwa was shot, two neighbours, cellphones experts, analysts and police officers have already given evidence and versions of what happened on the night of 26 October 2014.
The 12th witness, Sergeant Patrick Mlungisi Mthethwa, was one of the first constables to respond to the shooting.
He is attached to the Crime Prevention Unit at Vosloorus Police Station with 15 years of experience.
He told the court they were at the cop shop when they received a complaint about a shooting at the Mzamo section in Vosloorus Gauteng.
He said when they went there, a woman told them that men ran towards the park, chased after the lead but couldn’t find anyone.
Mthethwa said they went back to the house, where they found a man who introduced himself as Themba Khumalo, the uncle of the Khumalo household.
“We asked him to open the door for us, and the first thing we saw in the kitchen was a crutch and a hat. As we moved inside, we also saw cans of alcohol,” he said.
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Mthethwa said because the uncle couldn’t tell them much about what had happened, he told them that the person who had information was her sister, who was at the hospital.
“We then told him to lock the door, and we rushed to the hospital. Just as we entered the hospital gate, we saw a BMW an X6 or X5.”
“The car stopped. It was a lady driving, and she opened her window. She was driving with another gentleman. She asked if we received a call about what happened at Mzamo,” he said.
Mthethwa said the lady introduced herself as Meyiwa’s baby mama.
“We then went inside the hospital to the causality ward. We met a nurse and told her why we went there and that we were looking for the family. She then showed us the family. They were sitting on the side, and then she took us to the man who was shot.
“We then saw the man who was shot in the chest,” he said.
Mthethwa said they saw it was Senzo Meyiwa.
“We then spoke to MaKhumalo, the one we were informed that she will provide us with the information. We asked her to accompany us back to the house she agreed.
“We then called our colleagues to come to the hospital to keep watch there because there were a lot of people,” he said.
Mthethwa said as they were driving, she informed them about what happened until they reached the house.
He said when they got to the scene, they cordoned off the yard to prevent people from entering the house.
Mthethwa said they went inside the house and started looking around.
He said they saw a bullet projectile on the floor and blood stains in the dining room between a tv stand and a couch.
“We then called the Crime Service Centre (CSC). We asked him to get us a photographer, detectives, and a duty officer.
“Captain Zwane arrived as the standby duty officer. We showed him what we had seen. We showed him the bullet projectile, hat, crutches, the blood, and the door, which we saw was damaged,” he said.
Mthethwa said other police officers came in, and some were not wearing police uniforms.
“The person we knew from that team was Brigadier Ndlovu. They said they are a task team, and they will take over the scene, and we can be excused,” he said.
Mthethwa said since they were done with the docket, they decided to go back to the police station to finish off minor things.
Monday, 14 August
16:32
MORE police officers have testified against accused number three in the Senzo Meyiwa murder trial.
Two police officers dealing with organised crime, specifically taxi violence, told the North Gauteng High Court how they arrested accused number three, Mthobisi Mncube, for the possessing of an unlicenced firearm and for another murder case in Alexandra, Gauteng.
Giving evidence on Monday, 14 August, Sergeant Bhekumuzi Sibongiseni Dlamini told the court that they arrested Mncube in February 2015, three months after Senzo was shot dead, but it was not related to the Senzo incident.
He said they were looking for him for another crime and that they traced him while he was with his girlfriend.
“We introduced ourselves to him and told him that we have been looking for him. We then asked that he let us into the room that he was renting with his girlfriend. He co-operated with us,” he said.
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Dlamini said they searched the house and that was when they found a gun hidden in the ceiling alongside a box of ammunition.
He said the serial number on the gun was scratched out.
“We asked for the papers of the gun and they said they didn’t have them. We then told them we were arresting them for being in possession of an unlicensed firearm, but Mncube told us not to arrest his girlfriend as the gun belonged to him.
“The girlfriend collaborated his story, so we arrested him,” he said.
Dlamini further told the court that after they arrested Mncube, the gun and ammunition were taken in, as well as his phone.
He said they checked if the gun was ever used in any other crime and who it belonged to as the serial number was removed.
State prosecutor Advocate George Baloyi told the court that the girlfriend will be called to testify.
Monday, 14 August
13:43
ACCUSED number three in the Senzo Meyiwa murder trial had dreadlocks when he was arrested in 2015.
This was revealed by Sergeant Mandla Masondo in the North Gauteng High Court on Monday, 14 August when he testified on the arrest of accused number three, Mthobisi Mncube.
He told the court that they arrested Mncube in February 2015 for another matter. Masondo is from the organised crime unit and has at least 20 years’ experience dealing specifically with taxi violence.
He said when they arrested Mncube, they had been looking for him for another case in Alexandra and when they received a tip-off about his whereabouts, they followed through.
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He said during the arrest, they searched the house that he shared with his girlfriend and Mncube was found with a 9mm handgun and live ammunition.
But Mncube was unable to provide the correct paperwork for the gun and ammunition he had in his possession.
“He was then arrested for unlawful possession. During the arrest, Mncube's cellphone was bagged as evidence,” he said.
He said that Mncube told him he got the gun from his home in KZN.
The cellphone that was bagged as evidence is the same one a cellphone analyst told the court had its data was downloaded which included photos which were submitted as evidence.
In the photos, Mncube fit the description of one of the alleged intruders that shot Senzo during the home invasion in October 2014. One of the intruders was described by the witnesses as having dreadlocks and wearing beige clothing.
Monday, 14 August
11:16
A NEW state witness in the Senzo Meyiwa murder trial is expected to give evidence in the North Gauteng High Court on Monday, 14 August.
Sergeant Mandla Masondo is the 10th witness to be called in relation to the death of the late Bafana Bafana and Orlando Pirates goalkeeper almost nine years ago.
Senzo was gunned down in an alleged botched robbery at the home of his then girlfriend Kelly Khumalo in Vosloorus, Gauteng.
It was alleged that intruders entered the house demanding money and cellphones before shooting Senzo after a scuffle.
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Senzo was in the presence of Kelly, her sister Zandie Khumalo, their mother Gladness Khumalo, Longwe Twala who was dating Zandie at the time, his childhood friends, Mthokozisi Thwala and Tumelo Madlala and Kelly’s two minor children.
Five men have since been arrested for the murder and they face four additional charges including, attempted murder, robbery with aggravating circumstances, as well as possession of illegal firearms and ammunition.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli have pleaded not guilty to all the charges.
Their defence lawyers have been working to prove to the court that there were no intruders in the house and that one of the people in the house might have shot Senzo.
But so far, three of the people who were in the house have disputed the claim and insisted that there were two intruders.
