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Police criticised by no-nonsense judge in Meyiwa murder trial

Police criticised by no-nonsense judge in Meyiwa murder trial
Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Ntuli accused men in the Senzo Mayiwa murder trial speak to their various legal representatives while sitting in the dock at Pretoria High Court on July 17, 2023 in Pretoria, South Africa. It is reported that Judge Ratha Mokgoatlheng took over from Judge Tshifhiwa Maumela after he was suspended following allegations he failed to deliver judgments within allocated time frames. (Photo by Gallo Images/Phill Magakoe)
Nonkululeko Njilo
By Nonkululeko Njilo
21 Aug 2023
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This week, the state made inroads in its bid to link at least one of the five men accused of shooting Bafana Bafana captain Senzo Meyiwa to the murder. But the judge also criticised the police investigative work done on the night.

It is a month since the murder trial in the death of Bafana Bafana captain Senzo Meyiwa on 26 October 2014 was rebooted under “no-nonsense” Judge Ratha Mokgoatlheng, and more than a dozen state witnesses have taken the stand.

This week, the state made inroads in its bid to link at least one of the five men accused of shooting Meyiwa to the murder.

On trial are Sifisokuhle Ntuli, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube and Mthokoziseni Maphisa. They are facing charges that include murder, attempted murder, robbery with aggravating circumstances, and possession of firearms and ammunition without a licence. They have all pleaded not guilty. But they are currently serving time or awaiting trial for unrelated crimes.

Senzo Meyiwa murder trial restarts Five accused – Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Ntuli – in the Senzo Mayiwa murder trial, in the dock on 17 July 2023. (Photo: Gallo Images/Phill Magakoe)



After the men were arrested in 2020, there were fears that they were made scapegoats because of pressure to make arrests in the high-profile case. The claims were backed by the initial arrest of then-dreadlocked Zamokuhle Mbatha days after Meyiwa’s murder. He was later cleared of all the charges.

Meyiwa’s older brother, Sifiso, has also repeatedly maintained that the five accused were not the people behind the crime, suggesting a possible cover-up by police.  

But this week, state prosecutor Advocate George Baloyi told the court that a firearm found in the possession of Mncube in 2015 had been linked to a bullet found in the Khumalo home.   

The firearm was found to belong to Fidelity, the security company. The same gun is said to have been used in the killing of a taxi boss three months before Meyiwa’s death.

Bongani Sandiso Ntanzi, one of the accused in the Senzo Meyiwa murder trial at Pretoria High Court on 4 May 2023. The Orlando Pirates and Bafana Bafana goalkeeper was shot and killed in October 2014 at the Vosloorus home of Kelly Khumalo's mother. Kelly Khumalo was his girlfriend at the time. (Photo: Gallo Images / OJ Koloti)


Unexpected plea development


In an unexpected development this week, Mncube amended his plea on the charge of unlawful possession of a firearm to autrefois convict, when his legal representative, advocate Charles Mnisi, said that he had already been convicted of that offence.

At the time of the shooting, Meyiwa was with his girlfriend, musician Kelly Khumalo; her sister, Zandile Khumalo-Gumede; Khumalo-Gumede’s boyfriend, Longwe Twala; and two of Meyiwa’s friends, Mthokozisi Thwala and Tumelo Madlala. They were at the home of Khumalo’s mother, who was also present. 

Centre stage this week was the police’s failure to safeguard the house immediately after Meyiwa’s shooting was reported, when two state witnesses, Sergeant Timothy Mathebula and Sergeant Mlungisi Mthethwa, took the stand.

Mathebula said he and two student constables responded to a call at 8.53pm alerting them to a shooting reportedly under way at the Khumalo home. On arrival, they found Kelly’s uncle, Themba Khumalo.  

“We asked what happened, and he said the people with information had gone to the hospital. What he knows is that Senzo Meyiwa was shot,” Mathebula testified.

Judge Ratha Mokgoatlheng, Senzo Meyiwa Judge Ratha Mokgoatlheng reacts during the Senzo Mayiwa murder trial at Pretoria High Court on 17 July 2023. It is reported that Judge Mokgoatlheng took over from Judge Tshifhiwa Maumela after he was suspended, following allegations that he failed to deliver judgments within allocated time frames. (Photo: Gallo Images/Phill Magakoe)


Police testimony reveals house not cordoned off  


Mathebula said they found no evidence of blood or any cartridges and, as a result, did not cordon off the house or safeguard it as a crime scene. They then rushed to Botshelong Hospital, where they were told Meyiwa had been shot in the chest and was dead. It was only then that they realised the Khumalo house was a crime scene and they drove back to cordon it off and close the gate.  

“We checked around the house for cartridges, and where there was a hat we found a bullet projectile … we found damage on the kitchen door, and we also found blood stains in the dining room next to the couch.”

Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Ntuli speak to their various legal representatives while in the dock at Pretoria High Court on 17 July 2023. (Photo: Gallo Images/Phill Magakoe)



Advocate Zandile Mshololo, representing Ntuli, tore into Mthethwa’s testimony, saying he had abandoned the crime scene at a critical time and that he could have prevented the tampering with the crime scene.

The judge also criticised the investigative work done on the night. He slammed the police officers for their failure to get out of the vehicle and look for possible routes in which suspects may have run, according to what neighbours alleged at the time.

The trial is scheduled to conclude on 15 September. DM

This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R29. DM168 is available for sale at all retail stores from Saturday, 19 August.

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