Meyiwa murder trial: ‘It cannot be proven accused was in Gauteng on day Senzo was killed’

Advocate Thulani Mngomezulu, for accused one Muzikawukhulelwa Sibiya, argued in the Gauteng High Court in Pretoria on Monday that it cannot be proven that his client was in Gauteng the day Senzo Meyiwa was killed.

Meyiwa was shot and killed while visiting his then partner, Kelly Khumalo, at her mother’s residence in Vosloorus on 26 October 2014.

On Monday, Mngomezulu cross-examined Electronic National Administration Traffic Information System (eNatis) expert Christopher Matlou, who on Friday refuted claims by Sibiya that he was not in Gauteng between 2013 and 2015.

Matlou testified that even though Sibiya lived in Kwamahlabatini, KwaZulu-Natal, in 2014, he made a learner’s licence booking in Brakpan and was given a 22 July date for his test.

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According to Matlou, the eNatis system shows Sibiya applied for a learner’s licence twice in 2014 – the first one in Brakpan in July 2014 and the second one in Boksburg in September of the same year.

“What I can tell you is that after he realised that he failed [the first test in Brakpan] and didn’t want to give up, he went to the nearest appropriate driving licence testing centre [in Boksburg] to make other further bookings on the same day. There is no restriction as to when you can book another slot. If it’s available, you get allocated,” Matlou told the court.

Matlou said after failing his first test in July 2014 in Brakpan, Sibiya was given another date in September 2014 Boksburg.

‘Sibiya not in Gauteng when Meyiwa died’

Mngomezulu, however, maintained that while the eNatis system could tell the court when Sibiya booked, wrote, failed or passed the learner’s licence, it could not tell the court if the accused remained in Gauteng after booking or writing a test.

“But can you say he remained in Gauteng until he passed the learner’s licence? You cannot dispute the fact that, at the time of the death of Senzo Meyiwa, he says he was in KZN,” argued Mngomezulu.

“No one can come and rebut or dispute the fact that he was in KwaZulu-Natal, except to locate him on the dates of the bookings.”

Matlou responded: “What I can tell you is that the traffic act encourages people to apply at their appropriate registering authority – the jurisdiction in which a person permanently resides. So, I wouldn’t be here and apply in Mpilo when I stay in Pretoria.”

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“My instruction is that on the 22nd of July 2014 when he came for the booking, he returned back home. We can’t dispute that,” argued Mngomezulu.

“After the booking when he came to Brakpan and Boksburg, he returned to Kwamahlabatini, you can’t dispute that.”

“When he came back on 15 September for the booking he made, he was travelling from Kwamahlabatini to Gauteng. You can also not dispute that.”

Sibiya did pass the learner’s licence on his second attempt on 15 September, however, his whereabouts after the date and when Meyiwa was shot dead is yet to be proven.

The trial continues.

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