Calls between Kelly Khumalo and Senzo Meyiwa murder accused obtained unlawfully, says defence

The defence in the Senzo Meyiwa murder trial contends that the information showing one of the five accused communicated with singer Kelly Khumalo was obtained unlawfully.

On Tuesday, retired cellphone data analyst Colonel Lambertus Steyn was cross-examined once more in the Gauteng High Court in Pretoria.

Steyn, who previously testified just over a year ago, was recalled to clarify his evidence relating to the alleged communication between Khumalo and accused number five Fisokuhle Ntuli.

ALSO READ: State witness insists Kelly Khumalo spoke to one of the accused before Meyiwa’s death

Ntuli allegedly called Khumalo on two occasions prior to Meyiwa’s murder on 26 October 2014.

The first call was made on 2 August 2014, followed by another on 15 October 2014.

Despite the defence arguing that there were “discrepancies” regarding the cellphone records Steyn analysed, the former South African Police Service (Saps) member on Monday maintained that the communication took place.

Steyn cross-examined

During the cross-examination, Muzikawukhulelwa Sibiya’s legal representative, Thulani Mngomezulu quizzed Steyn about which law was used when he received the cellphone records from investigating officer Bongani Gininda.

“Was there any law applicable before the POPI Act [Protection of Personal Information Act] which authorises you to take the device without the permission of the owner?” Mngomezulu asked.

Steyn explained that Khumalo and Ntuli’s phones were taken as evidence.

READ MORE: Senzo Meyiwa trial: Defence suggests state has ‘deliberately omitted crucial evidence’

While he recognised their right to privacy, the witness stated that the pair did not object to the police seizing their phones.

Mngomezulu challenged Steyn, arguing that Ntuli and Khumalo’s rights were violated under Section 35(5) of the Constitution, asserting that their communication was obtained unlawfully.

“There’s no formal evidence of the non-objection by that party. This is what I am going to argue at a later stage that they infringed on the rights of these persons,” the lawyer said.

Watch the trial below:

On Monday, Steyn told the court that Ntuli’s cellphone number, ending with 9202, was discovered on Khumalo’s mobile device.

“This number is being confirmed by eNatis and Nedbank account statements of accused five.”

He also revealed that Khumalo “rebooted” her cellphone just hours after Meyiwa died.

The analyst previously testified that the “device boot-up” indicated that some or all of the phone’s memory was wiped.

Five men on trial for Meyiwa’s murder

Meyiwa was fatally shot while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng.

Khumalo allegedly ordered the hit on her former Orlando Pirates goalkeeper, according to Sibiya and Bongani Ntanzi’s confession statements.

Ntuli, Sibiya, Ntanzi, Mthobisi Mncube and Mthokoziseni Maphisa are on trial for Meyiwa’s murder.  

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.

All five men have pleaded not guilty.

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