‘Maybe his uncle lives in his pocket’: Questions over shack keys in Senzo Meyiwa trial

A police officer was grilled on how him and his colleagues gained entry into the shack of one of the accused in the Senzo Meyiwa murder trial on Wednesday.

The state’s latest witness, Constable Jabulani Buthelezi, took the stand in the Gauteng High Court in Pretoria, where he testified about his involvement in the arrest of accused one Muzikawukhulelwa Sibiya.

In his evidence-in-chief, Buthelezi indicated that he arrested Sibiya, who did not show any resistance, alongside two other officers at a house in Tembisa on 30 May 2020.

The Ekurhuleni Metropolitan Police Department (EMPD) officer testified that Sibiya was read rights, handcuffed and then proceeded to the suspect’s place to get his identity document.

The officers allegedly found unused ammunition, one magazine and one cleaning rod at Sibiya’s shack.

Accused ‘assaulted’

During cross-examination on Wednesday, Advocate Thulani Mngomezulu, counsel for Sibiya, questioned the manner in which Buthelezi and his colleagues arrested his client.

Buthelezi had told the court that he a “tactical takedown,” whereby they used an “authoritative” voice, telling the men to lie down.

“This tactical takedown, you said the purpose of it is to confuse the suspect. In terms of its practicality, how long does this confusion function on the suspect? Does it have an element of feeling fear?” Mngomezulu asked Buthelezi.

“Well it goes according to a person. Some are not frightened, they just stare at you. I wouldn’t say I am an expert on whether a person feels fear or not,” the witness replied.

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The EMPD officer explained that the purpose of the tactic was to get a suspect to follow instructions.

Buthelezi confirmed that Sibiya laid on the ground and was handcuffed from behind.

“My instructions are that you lifted him up using those handcuffs,” Mngomezulu said.

But the witness rejected Mngomezulu’s accusation.

“It is a lie. Had we tried to do that he was going to be injured.”

Buthelezi also dismissed the suggestion that Sibiya was transported to Lethabong, where he was assaulted.

“After you went to the place he resides and you did not find his uncle then you took him to Lethabong. My instruction is that that’s when you assaulted him. After Lethabong, accused number one messed up himself and that’s the reason for you to take him to his place to change his clothes,” the advocate put it to the officer.

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“That’s a lie before this court. That was not the reason,” the witness responded.

Buthelezi had testified that Sibiya had asked to change his clothes during his arrest.

The suspect changed his Brentwood pants as well as his flip-flop sandals to Carvella shoes.

“I wasn’t going to refuse since he asked politely to change his trousers,” the EMPD officer said on Wednesday.

He added that the officers only went to Sibiya’s place once.

‘No reason to break in’

Mngomezulu further told the witness that the keys of the shack, which was locked with a chain and a padlock, were with Sibiya’s uncle.

“It’s surprising… maybe his uncle lives in his pocket because I found the keys in his pocket,” Buthelezi replied before apologising for his answer.

The EMPD officer also denied claims that they forcefully gained entry into the shack.

“His uncle never arrived. I retrieved the keys from his own pocket. There was no reason to break in.”

The witness insisted that Sibiya gave them permission to enter and directed them to where to look for his ID before they found the ammunition.

READ MORE: ‘Accused didn’t understand his rights’ – Defence argues in Senzo Meyiwa trial

Mngomezulu: “When you opened that plastic was it his permission to do so?”

Buthelezi: “He had given us permission because when he said we should look for his ID, it implied I could search anywhere.”

Mngomezulu: “And so you found these illegal unused live rounds.”

Buthelezi: “What do you mean?”

Mngomezulu: “You said you asked for the licence if he possesses such a licence, according to your answer he said no.”

Buthelezi: “Yes, the bullets were in his possession without permission.”

The trial continues.