Closing arguments in the Senzo Meyiwa murder trial within a trial are expected to be heard on Monday morning at the High Court in Pretoria. Five men are on trial for the murder of the Bafana Bafana captain who was shot and killed in 2014.
The defence is challenging the admissibility of confession statements allegedly made by accused one and two.
Both accused one, Muzi Sibiya, and accused two Bongani Ntanzi claim they were assaulted and tortured into signing the alleged confession statements. These confession statements are key evidence for the state which wants the court to admit them in the main trial.
The state called a number of police officers who were present following the arrest of Sibiya and Ntanzi in May and June 2020, to answer to the assault allegations. Lead investigator Brigadier, Bongani Gininda denied there was any torture or assault and claims both suspects made statements freely and voluntarily.
Baloyi: “It was alleged that you were present at two scenes of assault, the first near the steel stairs. It’s alleged that on 18 June 2020 and you were present on 19 June 2020 you had documents in your possession and gave them to Colonel Raphadu and accused two was to put his thumbprint.”
Gininda: “That’s not true it did not happen. There is no assault I witnessed even in Phokeng because that’s where I saw the accused. There were also no entries in the occurrence book which reflected that he was assaulted.”
Gininda also revealed that the suspects are alleged to be known hitmen and as they gathered information around the murder of Meyiwa, the soccer star was not killed as a result of a robbery gone wrong.
However, Gininda revealed to the court that it was a contractual assassination, implicating the other accused in court and singer Kelly Khumalo.
Senzo Meyiwa Murder Trial | Kelly Khumalo ordered killing of Meyiwa: Investigator:
Muzi Themba Sibiya was first linked by means of witness statements under oath. The accused boasted to individuals closely associated to him in KwaZulu-Natal homelands as to his involvement together with Mafika, suspect number two, Carlos under suspect three, Maphisa suspect four and Nkani suspect five into the killing of the deceased.
A dispute ensued between the individuals and a closely associated individual disclosed to the SAPS the admissions these accused made to them. He is further linked to the confession he made to the commissioned officer on the 30th of May 2020.
The defence called accused number one Sibiya to the stand. However, during cross-examination, the State Prosecutor, Ronnie Sibanda accused him of fabricating his story.
Sibanda: “It was the evidence of Brig Gininda that on that day he was never at Diepkloof.”
Sibiya: “He went to Diepkloof.”
Sibanda: “It was also the evidence that Constable Buthelezi that he was never at Diepkloof.”
Sibiya: “Buthelezi was also there in Diepkloof.”
Sibanda: “I put it to you that you are fabricating a story.”
Sibiya: “No my lord, that’s not the case. It’s something that happened and something that I saw.”
Accused number two Ntanzi also took the stand insisting he was assaulted and choked with a plastic bag and only signed to protect his life.
“When I’m being tubed, when he approaches he could then stop, and then he would ask me, are you still not willing to talk or should I let them kill you? And it pleased him and he forcefully made me to sign. I ended up signing just to protect myself as no one was protecting me.”
Senzo Meyiwa murder trial I Ntanzi insists he was forced to sign a confession:
Both the state and defence have one more chance to make closing arguments on all the evidence presented in court before the judge can make a ruling on whether or not these confession statements should be admitted as evidence.
Senzo Meyiwa Murder Trial | Closing arguments in trial within a trial on 4 March:
