Judge Ratha Mokgoatlheng reacts during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe
The rebooted Senzo Meyiwa murder trial has been moving along swiftly with startling evidence and bombshell claims emerging as new presiding judge Ratha Mokgoatlheng, cuts to the chase with his no-holdsbarred approach.
Mokgoatlheng was, after all, star striker “Jimmy Greaves” for Orlando Pirates and Kaizer Chiefs during the so-called golden era of soccer.
And he has proven himself to be a judicial straight-shooter.
The five accused – Mthokozisi Ncube, Bongani Ntanzi, Mthokozisi Maphisa, Muzikawukhulelwa Sibiya and Fisokuhle Ntuli – have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
Former Bafana Bafana captain and Orlando Pirates goalkeeper Meyiwa was fatally shot in an alleged botched robbery at the home of his then-girlfriend and singer Kelly Khumalo’s mother, Ntombi, in Vosloorus on 26 October 2014.
Khumalo’s sister, Zandile Khumalo-Gumede, Zandile’s then-boyfriend Longwe Twala and two of Meyiwa’s friends – Mthokozisi Thwala and Tumelo Madlala – who were visiting from KwaZulu-Natal, were present when the intruders allegedly entered the house.
Khumalo’s then four-year-old son, Christian, and Thingo, the singer’s secret love child with the married Meyiwa, were also in the house.
Some of the highlights of the third week of the high-profile trial at the High Court in Pretoria include a high-speed chase with a dying Meyiwa in the back seat of his BMW, a shock claim of police assault, phone images of guns and stacks of cash… and a moment for Kelly Khumalo to exhale.
This after last week’s potentially damning testimony against the singer when data analyst and investigating officer Colonel Lambertus Steyn took to the stand to present evidence about the cellphone records of the accused and the occupants of the house.
On Monday, Steyn revealed some puzzling evidence under the cross-examination of advocate Sipho Ramosepele.
The state’s expert witness told the court his phone analysis showed no trace of anyone in the house calling the police or emergency services after Meyiwa was shot.
“I did check the numbers of all the people and I couldn’t find any numbers of the police, not even 10111 or the ambulance,” Steyn said.
Last week, Steyn dropped the bombshell that Khumalo received two calls from accused number five, Ntuli, several days before Meyiwa’s murder. `
Steyn, however, was forced to admit – after the fiery cross-examination of her defence lawyer advocate Zandile Mshololo – that the evidence claiming the numbers were interchangeably used by Ntuli on 2 August and 15 October 2014, were not verified by Rica.
Sergeant Mandla Mabasa, the state’s fifth witness, told prosecutor advocate George Baloyi that images of firearms and stacks of cash were found on the cellphone of accused number three, Mthobisi Ncube.
Mabasa’s expertise includes analysing information obtained from cellphones, including incoming and outgoing phone calls, SMSes and photograph images.
The court earlier heard that the gunman in the Khumalo home was wearing beige clothing and had dreadlocks. Mabasa’s downloaded evidence also showed that in 2014, Ncube had dreadlocks and would sometimes wear beige clothing.
An image downloaded on the day Meyiwa was killed, shows Ncube with his dreadlocks in a ponytail.
Mthokozisi Thwala, the sixth state witness and childhood friend of the soccer star, claimed he was tied up and assaulted by police officers in January 2019.
Thwala told the court that after a breakthrough in 2019 led to some arrests, he was brought from KwaZulu-Natal to a police station in Pretoria under the false pretence of a second identity parade.
He claimed the officers then accused him of being part of a plot to kill Meyiwa and after the alleged beating, they tried to coerce him to sign a statement.
“Men came in and assaulted me; for what? Then one came in with a bag and they assaulted me for a good 45 minutes to an hour on my back and on my chest with their boots.
“From the backpack they took out a rope. That rope is a big and tight strong rope. It is the one you use to tie a cow as you are about to slaughter it,” an emotional Thwala testified.
However, he has no record of the case he claims he opened against police a year later in “January or February 2020”.
Under cross-examination by Mshololo about why he took so long to open a case, Thwala said: “I guess it was fear.”
Thwala said Khumalo refused to hand over Meyiwa’s ID and clothes after his murder.
His testimony came after Steyn told the court a SIM swap was done on Meyiwa’s number a day after his death.
Thwala said the footballer’s family asked him to get Meyiwa’s ID for them, but when he arrived at the Mulbarton home the soccer star shared with Khumalo, she allegedly refused to hand it over, saying she would only give it to Meyiwa’s father and brother.
The next day, Thwala returned to the home with Meyiwa’s father and the police, after which she handed over his ID, but kept his clothes.
One of the defence lawyers, Charles Mnisi, accused Thwala of making contradictory and inconsistent statements about the night the footballer was killed.
During Mnisi’s cross-examination, Thwala denied previous witness testimony by a neighbour, Khaya Ngcatshe, that a wounded Meyiwa was left unattended on the kitchen floor after the shooting.
“Maybe when he came in, he came in when I had gone to assist Tumelo [Madlala] because there was no way I was going to come into the house, leave my friend and go and sit in the toilet,”
Thwala replied. Thwala said he was one of the people who carried Meyiwa into his BMW X6 to rush him to hospital alongside Khumalo-Gumede and Madlala in the car.
“We were travelling at high speed and Senzo was gasping. It was as though he wanted to say something but couldn’t.
“Before we arrived at the Botshelong Hospital, I remember Senzo was still alive. I remember I held his hand to check and when I let it go, he still held on,” recalled Thwala.
“But when we arrived at the hospital, I could see that he was not gasping anymore.
“You could see he was already dead or he was about to die.”
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