Senzo Meyiwa’s murder ‘a hit not robbery gone wrong’

The Gauteng High Court in Pretoria has heard that the murder of former Orlando Pirates goalkeeper Senzo Meyiwa was not a robbery gone wrong, but a contract killing.

The trial against five men accused of killing former Bafana Bafana goalkeeper resumed in court on Monday after a nearly two month break.

The lead investigator of Meyiwa’s murder case, Brigadier Bongani Gininda, returned to the witness stand for the continuation of his cross-examination.

Gininda has been testifying in a trial-within-a-trial, which is taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused.

Warrant of arrest

During proceedings, Advocate Thulani Mngomezulu continued his cross-examination by quizzing the investigating officer about the J50 warrant of arrest issued for his clients, Muzikawukhulelwa Sibiya and Bongani Ntanzi.

The warrants were issued on 23 October 2020 and were executed three days later.

All five men made their first appearance in the Boksburg Magistrate’s Court in connection to Meyiwa’s murder on 27 October.

Mngomezulu questioned Gininda why the application, along with the investigator’s supporting affidavit, filed by the state requesting the warrants to be issued was presented before the Boksburg Magistrate’s Court when Meyiwa was killed in Vosloorus.

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While the witness agreed the crime was committed in Vosloorus, he said Boksburg Magistrate’s Court fell under the same jurisdiction.

“It will be trying to mislead this court in trying to create an impression that Boksburg doesn’t fall within the jurisdiction of Vosloorus and I think Mr Mngomezulu knows that. Vosloorus is a district court and Boksburg you get the regional court within the district of that area. It’s one district so there is nothing peculiar or unlawful that was done,” Gininda said.

Mngomezulu, however, contended that the application was filed in the wrong court.

Watch the trial below:

The defence lawyer argued that the warrant of arrest was issued unlawfully because Sibiya and Ntanzi were already in custody.

But Gininda said the accused had been detained for different cases.

“The warrant of arrest or the J50 is means of taking someone to court. It must not be misconstrued as a violation of the rights of the person that is being arrested.

“In any event, section 36 of the Constitution has limitation clause… once a case is made and the warrant is authorised what do you do? The person must appear in court and the warrant of arrest is the means of taking someone to court as it can be a summons or any other thing. I’m not aware of any provision in 43 [of the Criminal Procedure Act] that says if the person is in custody you cannot execute a warrant,” he said.

Officer’s affidavit

Gininda then proceeded to read out his affidavit in court which revealed that Meyiwa’s murder was a contract killing rather than the initial suspicion that it was a robbery gone wrong.

“Investigations which resulted in evidence under oath revealed that the victim was murdered as a contractual assassination or hit rather than a robbery or robbery gone wrong. Evidence revealed that suspects actively participated in the planning and execution of the contractual murder of Senzo Meyiwa,” the document reads.

The investigating officer’s affidavit also detailed the alleged role of each of the accused and how they were linked to the crime.

READ MORE: Senzo Meyiwa lived for ‘seconds or minutes after being shot’

Sibiya, according to the affidavit, was linked to the crime by witness statements after he boasted to his close associates in KwaZulu-Natal (KZN) about his alleged involvement along with his co-accused in Meyiwa’s killing.

His admissions were reported to the police by the close associates.

“The accused was further linked with circumstantial evidence wherein he, minutes after the incident, disclosed and made remarks at a family gathering that he attended in Vosloorus for the killing of Senzo Meyiwa even before the death was reported in the media.

“He is further linked by means of a formal confession he made to the commission independent officer on 30th of May 2020. The suspect further made a formal pointing out to the sequence prior to the incident,” Gininda further read his affidavit.

Judge Ratha Mokgoatlheng declared the information presented by Gininda in his affidavit as hearsay and was, therefore, not admissible.

Phone calls to Kelly Khumalo

Meyiwa was fatally shot by armed intruders at the Vosloorus family home of his then-girlfriend, singer Kelly Khumalo, on 26 October 2014.

Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli are on trial for the former Orlando Pirates goalkeeper’s killing and have pleaded not guilty.

It was previously heard in court that Kelly received two phone calls from Ntuli.

The first call was made on 2 August 2014, followed by another on 15 October 2014, just a week before Meyiwa’s death.

Additionally, Ntanzi has already been identified by at least two witnesses as one of the armed intruders who entered the Khumalo household.

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