Senzo Meyiwa, captain of Orlando Pirates, was killed while visiting his girlfriend, the singer and actress Kelly Khumalo, on October 26, 2014 in Vosloorus, Ekurhuleni, 30 km south-east of Johannesburg. AFP PHOTO/MUJAHID SAFODIEN (Photo credit should read MUJAHID SAFODIEN/AFP via Getty Images)
The Pretoria high court heard on Thursday that accused number one in the Senzo Meyiwa murder trial, Muzikawukhulelwa Sibiya, did not get an opportunity to lay criminal charges or complaints of assault against the police after his arrest in 2020.
This was revealed by defence counsel Thulani Mngomezulu, representing Sibiya and accused number two Bongani Ntanzi, during his cross-examination of Sergeant Batho Mogola, who was present when Sibiya was detained.
“The first time I heard of these allegations, we were in court. I called Brigadier Bongani Gininda and he told me that I must take a statement from accused number one and take him to the hospital for examination for these allegations to be investigated,” Mogola said.
According to Mogola, Sibiya refused to give a statement or be taken to hospital.
“I then went to Silverton police station and they seemed to have no knowledge of such an incident even recorded in the accordance book and Brigadier Gininda said he would investigate it further,” Mogola said.
The alleged assault, which was put on record in July 2020, has been repeatedly denied by Mogola who has been testifying in a trial within a trial to determine whether confessions allegedly made by Sibiya and Ntanzi with regards to Meyiwa’s murder are admissible. Their lawyers say the men were assaulted and coerced into making them.
On Thursday, Mngomezulu said Sibiya could not report or lay criminal charges on the alleged assault because there was no opportunity to do so.
“He was at all times kept in a single cell in Valeria police station and for the first time he was kept or detained with other inmates at Silverton police station,” Mngomezulu said.
Judge Ratha Mokgoatlheng interjected to say: “But there was an opportunity to tell the magistrate — this is serious, I must assess if there is merit in supporting this into evidence.”
Sibiya and Ntanzi are among five men accused in the murder of the Bafana Bafana goalkeeper at the family home of his girlfriend, singer Kelly Khumalo in Vosloorus, Gauteng on 26 October 2014.
On Thursday, vehicle tracking expert Michael du Preez provided a report on the recordings of the Automatic Vehicle Location from the vehicle used to transport Ntanzi when he was arrested.
But defence advocate Zandile Mshololo, who represents accused number five Sifiso Ntuli, objected on the grounds that the report needed to be evaluated before being presented in court.