Senzo Meyiwa trial: State tells court that cop’s evidence on second docket is hearsay

The infamous second docket in the Senzo Meyiwa murder trial was in the spotlight in the Gauteng High Court in Pretoria on Wednesday.

Warrant officer Meshack Makhubo, who currently works for the Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, was called by the defence to testify in a trial-within-a-trial.

The defence on Monday was granted permission by Judge Ratha Mokgoatlheng to reopen its case in a trial-within-a-trial, which commenced in October last year to determine the admissibility of confession statements, a pointing out and warning statements.

No lead investigator in Meyiwa’s murder

During proceedings, Makhubo told the court that in 2019 he received a call from fellow police officer Vincent Leshabane, who will be called by the state to testify, informing him about Meyiwa’s murder case.

“He said there was information with regards to the Senzo Meyiwa matter and I asked him why I am the only one being contacted as we are a team of four members,” the police officer said.

The witness testified, in his evidence-in-chief, that he drove to a police office in Chloorkop with the assistance of Leshabane.

Makhubo indicated that he arrived there to find a former police officer, and previous state witness, Constable Sizwe Zungu.

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The witness claimed he was told that accused one Muzikawukhulelwa Sibiya had been arrested on 19 March 2019.

“The information they had was contradictory to the I formation I had relating to this case. I will not state what they said with regards to accused one, [but] they also implicated accused five whom I know.”

He said Sibiya was only arrested and never appeared in court, according to his knowledge.

Makhubo revealed that he was appointed by the police minister and commissioner as one of the investigators of Meyiwa’s killing.

The witness said no person was appointed as the lead investigator of the case since the officers had the same rank.

“That’s why the minister did not choose anyone to led the investigation.”

Watch the trial below:

Makhubo testified that he was not informed when all five men were arrested in connection to the murder.

“In the meetings that we held [during investigations], there were different opinions and that’s when we divided into two teams. That’s why myself and Colonel Joyce Buthelezi were not informed when the suspects were arrested.”

The police officer said, according to him, the case of Meyiwa’s death was not filed under the police’s national cold case investigating unit, led by Brigadier Bongani Gininda.

Second docket

Makhubo recalled a meeting with state prosecutor George Baloyi at his office, where the murder case was discussed.

“I gave Advocate Baloyi my opinion about the investigation and then we left the docket. It was myself and Colonel Buthelezi. Whilst we were still there, Gininda came with another docket [so] there were two dockets.”

The police officer said the docket he had was 375/1/2019, while Gininda came with docket 636/10/2014.

“[We brought the dockets] so that the prosecution would take a decision on the investigation we had made.”

READ MORE: Senzo Meyiwa’s murder ‘a hit not robbery gone wrong’

Under cross-examination by the state, the witness explained that the docket 375 emanated during the investigation of docket 636.

“I have both dockets in my possession. As I was working on case 375, I firstly refer to 636.”

Baloyi later brought an application, asking that Makhubo’s evidence be “struck off the record” on the basis that it relied on hearsay and was irrelevant to the trial-within-a-trial.

“He can make no contribution, on his own admission, regarding the issues this court is seized with,” the prosecutor said.

Meyiwa shooting

Meyiwa was fatally shot by armed intruders at the Vosloorus family home of his then-girlfriend, singer Kelly Khumalo, on 26 October 2014.

It was previously heard that docket 375 recommended that Khumalo and the six other people who were inside the house be charged with murder and defeating the ends of justice.

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

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s killing.

NOW READ: Kelly Khumalo ordered hit on Senzo Meyiwa, court hears