A state witness in the murder trial of Senzo Meyiwa told the Pretoria high court on Wednesday that he had been brutally assaulted for hours, and that two police officers were involved.
Defence advocate Zandile Mshololo on Tuesday took state witness constable Sizwe Zungu to task in the Pretoria high court about why he had not performed his duties as a police officer in 2014 and had let two of the accused in the Senzo Meyiwa murder trial handle firearms in his presence.
This comes after Zungu — on his first day on the stand on 7 September — told the court that he got a call from his brother’s son asking him to visit at a hostel in Vosloorus, Gauteng, on 26 October 2014, hours before the Bafana Bafana captain was murdered in what the state says was a botched robbery.
In his September testimony, Zungu said he had noticed that accused number one, Muzikawukhulelwa Sibiya, and accused number three, Mthobisi Mncube, who were among the people at the hostel, had firearms. Zungu said Sibiya was carrying a revolver while Mncube had a 9mm weapon.
He had asked his nephew to bring his own work firearm, — a 9mm Z88 — and had smelt it “because I suspected that maybe they had gone and used it”.
On Tuesday, Mshololo, who is representing accused number five Fisokule Ntuli, asked if Zungu had reported seeing the men exchange firearms.
“As a police officer, you had a legal duty to arrest those people exchanging guns at the hostel. You failed to execute your duties. You hid crucial information for other police officers to come and investigate the two firearms you saw,” Mshololo said.
Zungu responded: “Well, I did something and that is why I am here today in court. This was the correct time.”
Mshololo also asked Zungu — who previously told the court that he had used a police car to go to the hostel — whether he was allowed to do that and if he was permitted to drink alcohol while using a state vehicle.
“I was using the vehicle for 24 hours and using the vehicle to go to the hostel was not part of my duties,” Zungu responded.
Echoing what defence lawyer Charles Mnisi had said on Monday, Mshololo said Zungu’s version of events was fabricated.
“I put it to you that the reason you failed to execute your duties to assist the police is because the incident at the hostel did not happen. You fabricated a story later,” Mshololo said.
On Monday, Judge Ratha Mokgoatlheng ordered advocate Zithulele Nxumalo, representing accused number four Mthokoziseni Maphisa, to refrain from asking questions that would lead Zungu to incriminate himself. This was after Nxumalo also questioned why Zungu had not arrested the two men who were in possession of firearms in his presence.
Mokgoatlheng reminded Nxumalo that Zungu was not obliged to answer incriminating questions, telling the lawyer: “It is criminal law 101, in terms of the Constitution, section 35.”
The trial started from scratch on 7 July 2023, with Mokgoatlheng replacing Judge Tshifhiwa Maumela, who was suspended for misconduct in relation to his handling of other court cases.
The five men on trial for Meyiwa’s 2014 slaying at the Vosloorus home of his girlfriend Kelly Khumalo have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.