Key state witness, Constable Sizwe Zungu, faced tough questions about his failure to inform senior police officers about information that could have been crucial to solving the murder of Senzo Meyiwa.
The police officer took the stand in the Gauteng High Court in Pretoria on Tuesday to continue with his evidence on Tuesday.
During proceedings, Advocate Zithulele Nxumalo, representing accused four Mthokoziseni Maphisa, attempted to discredit Zungu’s testimony, questioning why the witness didn’t come forward when he found out an arrest was made in connection Meyiwa’s murder.
According to Nxumalo, Zamokuhle Mbatha, who was later released following his arrest, had gone through an identification parade at the Jeppe police station on 29 October 2015. Mbatha was wrongfully arrested and later cleared of all charges. He planned to sue the state over the incident.
“Zamokuhle Mbatha was pointed out by the witnesses who were in the house when Mr Senzo Meyiwa was shot and killed on the 26th of October 2014. What I’m concerned about is your behaviour or your attitude after that.
“This is going to haunt you now and again because you, as a member of the South African Police Service [Saps], had knowledge about a person who has been arrested [and later released]. You have information about the person who was involved, and yet you did nothing for a case that could have been solved as early as back in 2014,” the lawyer said.
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But Zungu defended himself, saying he wasn’t present at the identification parade, nor did he know who was arrested.
“Also I wasn’t the investigating officer and I would have not then interfered in something that didn’t concern me,” he said.
The witness stressed that he wasn’t at the Khumalo household when Meyiwa was shot.
“It might have been on the news, but that didn’t mean I now had confirmation as to who did it,” Zungu responded.
Nxumalo asked Zungu why he did not inform his senior police officer, General Vincent Leshabane, about hanging out with people who could be linked to Meyiwa’s murder at the hostel.
“In a meeting towards the end of 2018 or 2019, General Leshabane told you that he was going to conduct his own investigations and come back you. When he came back to you did he tell you about the outcome of his investigations?”
Zungu agreed.
“Why then would you not tell the general [about the hostel]?” Nxumalo asked.
The witness said he believed Leshabane would have conducted his investigation regardless.
“I also did not have certainty that they are the ones who committed the offence so I wanted him to come back to me and then inform me as to what happened.”
Nxumalo further questioned why Zungu did not also divulge any details about the hostel to investigating officer, Brigadier Bongani Gininda when he was asked whether he had information about the murder.
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“If you had told Brigadier Gininda on the 13th of November 2019 that you do not know anything about the killing of the deceased, where does your detailed statement with information and knowledge of 31 May 2023 come from?”
“I would not have said I know who killed Meyiwa, whereas I didn’t even know what transpired at the Khumalo house,” Zungu said.
Zungu, in his evidence-in-chief, told the court he “partied” with all five men at a hostel in Vosloorus on the day Meyiwa was killed.
He testified that he was invited by his nephew, Gwabini, who lived at the hostel.
Earlier, Nxumalo had asked Zungu about the images of the identity kit published in newspapers shortly after Meyiwa’s murder.
“What you are saying is the identity kit that you saw were two photos. It made you conclude that that was not accused number three Mthobisi Mncube because his dreadlocks were tied.”
To which Zungu replied: “I wouldn’t say it was accused number three or not… the manner in which I looked at the photo, and how I saw Gadla, to me it was not the same. When I saw him his hair was tightened.”
State witnesses in the trial previously testified one of the intruders alleged to be behind Meyiwa’s killing had dreadlocks.
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