Accused one, Muzikawukhulelwa Sibiya, left, and accused two, Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
One of the five men accused of murdering former Orlando Pirates and Bafana Bafana goalkeeper Senzo Meyiwa took the witness stand for the first time on Monday.
The defence called accused one, Muzikawukhulelwa Sibiya as its first witness to testify in a trial-within-a-trial in the Gauteng High Court in Pretoria.
This followed the conclusion of the state’s case last week.
The trial-within-a-trial, which started in October 2023, has been taking place in order to determine the admissibility of confession statements, pointing out and warning statements by the accused.
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One of the confessions was allegedly made by Sibiya on the night of arrest on 30 May 2020.
A state witness, Sergeant Bathobakae Mogola, previously testified that Sibiya was allegedly on the verge of confessing to Meyiwa’s murder a few hours after his arrest near his residence in Tembisa.
However, the defence claimed he was assaulted by the police to a point where he “messed himself up“.
Giving his evidence in IsiZulu on Monday, Sibiya told the court he was first arrested in March 2019 and subsequently charged with dealing in drugs although he was never taken to court.
“I never attended court. I was never furnished with a reason, I was only informed that I can go home,” he said.
Asked by his attorney Thulani Mngomezulu to describe the events of his second arrest, Sibiya indicated that armed police arrived in Tembisa and ordered him to lie down.
According to Sibiya’s version of events, three police officers took him to his place of residence to find his uncle because he had the keys to the shack, but when they did not find the relative they took him to Lethabong.
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The accused testified on Monday that his rights and the reason why he was under arrest were not explained to him as they proceeded to his place and then to Lethabong, where he was questioned about Meyiwa’s killing.
“[A police officer] said I should not take them for fools. That’s when I said I knew nothing about Senzo’s death and they tripped me and I fell. As I was on the ground, [the police] kicked me and [another] took a plastic and put it around my face.
“They kept asking me as to what is it I knew about Senzo’s death. I said I don’t know anything. As they continued with the plastic that’s when I urinated on myself,” he explained.
Sibiya said they then went back his shack – where unlicensed live rounds of ammunition were found according to the police – to change his wet pants and later to Vosloorus.
“Upon arrival there, I was asked again are you still denying that you don’t know anything about Senzo’s death. I informed them I knew nothing.”
The suspect disputed Mogola’s evidence that he wanted to confess.
“There is nothing I admitted to.”
Sibiya also denied making any confession statement.
It was previously heard in court that retired Colonel Mhlanganyelwa Moses Mbotho took down his statement at the Diepkloof Police Station.
Sibiya testified that he was assaulted at the police station before Mbotho showed up and asked him questions about Meyiwa’s killing in the presence of the officers who beat him up.
“Mbotho had some documents in his hand. As he was asking me these questions, he was writing down.”
He further said he signed the statement after his handcuffs were loosened.
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The accused later denied ever doing a pointing exercise of the crime scene in Vosloorus on 5 June 2020.
“No, it never happened freely. Everything that happened to me was not out of my free will even with Mbotho. I was abused, pointed with firearms from morning up until late in the evening.
“Whatever I did was for my own safety, to save my own life… there was no one among them who was on my side or protecting me. Even those to whom I would report [to about the assault] there was no assistance that came from them. The police were threatening me and I was in shock,” he told the court.
Sibiya added: “Everything that happened in this matter and leading up to my arrest was for something I know nothing about. I was being assaulted by the police and I was also fearful and in shock.”
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