Five accused men in the Senzo Mayiwa murder trial stand in the dock at Pretoria High Court on July 17, 2023 in Pretoria. (Photo by Phill Magakoe/Gallo Images via Getty Images)
The lead investigator in the Senzo Meyiwa murder case, Brigadier Bongani Gininda, told the Pretoria high court on Tuesday that accused number one, Muzikawukhulelwa Sibiya, “confessed” to sangoma Lionel Robert Zwane about his involvement in the footballer’s murder.
Gininda said Sibiya pointed out Zwane as the sangoma he consulted after Meyiwa was killed. Gininda also said he warned Sibiya that a conversation he had with Zwane, in front of the police, could be used against him in a court of law.
The much-anticipated testimony by Gininda in the “trial within a trial” to determine whether confessions made by Bongani Ntanzi and Sibiya are admissible began on Monday.
Gininda said that the Meyiwa murder docket was handed to his cold case team in 2018, four years after the footballer was fatally shot on 26 October 2014.
Defence advocate Thulani Mngomezulu, representing Ntanzi and Sibiya, previously told the court that his clients were coerced and tortured into signing the confessions.
“He [Sibiya] never made any statement; he denies that he made a confession. He said the statement was brought to him — he was assaulted and coerced to sign the already written statement,” Mngomezulu previously said.
On Tuesday, Gininda told the court that after Sibiya was arrested in Tembisa by Sergeant Vusimuzi Mogane and Sergeant Batho Mogola, he was brought to his office.
“I warned him of his constitutional rights and told him that his name came up regarding the Senzo Meyiwa murder. His response was tantamount to a confession,” Gininda said.
He said Sibiya had agreed to make a confession.
“I then informed him I would make such an arrangement. As I was driving to the provincial office I made numerous calls for someone to assist until I got hold of Colonel Mhlanganyelwa Mbotho and he requested me to bring the accused to Diepkloof. I also phoned Constable Nakedi Monareng to assist with the escorting of the accused,” Gininda said.
He said after the confession was done with Mbotho, he asked Sibiya if he was fine and he said he had no complaints.
“I asked him if he wanted to point out the witch doctor [the traditional healer] we spoke about and he said yes. I then indicated that Mogola would come to him the next day and follow up on that investigation,” he said.
Gininda said the following day when Sibiya was brought to his office he locked eyes with Zwane and to him it became clear that they knew each other.
“It was clear they knew each other due to the utterances between the two. And due to their conversation, it also became clear that accused one was making further confessions to Zwane. I warned him again that this conversation could be used against him in a court of law,” said Gininda.
Zwane previously told the court that Sibiya, who was in the company of two men, came to his consulting place looking for traditional medicine for “a job”.
He said he gave them medicine called “inhlanhla emhlophe”, which means “white luck”, because they wanted the path to be enlightened where they were going.
According to Zwane, two or three days later, the men came back, saying the job had been done, but someone was injured in the process. He then gave them a cleansing herb called “isihlazi sokugeza”, meaning a medicine for cleansing.
Zwane further said that a couple of days later, two police officers came to his home, pretending to look for help. After assisting them, they left, and then an entourage of police vehicles arrived, and that’s when he was arrested.
The five men on trial for Meyiwa’s killing at the family 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.