Senzo Meyiwa. File photo by Lefty Shivambu/Gallo Images/Getty Images
Bafana Bafana captain Senzo Meyiwa was assassinated via a contract killing and not killed in a botched robbery, as previously alleged by the state, lead investigator Brigadier Bongani Gininda revealed during testimony in court.
The Meyiwa murder trial returned to the Pretoria high court on Monday after defence advocate Thulani Mngomezulu requested an adjournment last year because he was unwell.
Gininda read the affidavit he had used to apply for a warrant of arrest for accused number one Muzikawukhulelwa Sibiya and accused number two Bongani Ntanzi and said the evidence submitted under oath showed that the footballer’s murder was a contract killing.
Gininda is a witness in a trial within a trial to determine the admissibility of alleged confessions Sibiya and Ntanzi made after their October 2020 arrest for the October 2014 murder of Meyiwa at the Vosloorus family home of his lover, singer Kelly Khumalo.
“The evidence will indicate that the planning of the offence, and gathering after the offence, happened at [a] Vosloorus hostel,” Gininda said.
“The investigation which resulted in the evidence after oath revealed that the victim was murdered as a contracted assassination or hit, rather than a robbery gone wrong, and evidence after oath revealed that five suspects were involved in the planning and execution of the contractual murder of Senzo Meyiwa.”
Sibiya and Ntanzi are accused alongside Mthobisi Ncube, Mthokoziseni Maphisa and Fisokuhle Ntuli.
Speaking to journalists outside the Pretoria high court during a recess last year, the head of AfriForum’s private prosecution unit, Gerrie Nel, reiterated that he did not believe that Meyiwa’s murder was a robbery gone wrong. He said it was a “contract killing” and he believed the mastermind behind it was still walking free.
“The one thing that I am certain about is that now more and more people understand why we said that from the start. We had a good understanding of the facts and I have not changed my stance. I do think that, as the case develops, and if certain statements are admitted, then it will become more clear,” Nel said at the time.
On Monday, Gininda was asked to read the affidavit after he and Mngomezulu sparred over the irregularities around the warrant of arrest for the accused.
Mngomezulu argued that the warrants were not procedurally obtained and this request was not in line with section 43 of the Criminal Procedure Act.
“It must be understood that I am dealing with the issue of this application [for the warrants of arrest] as it was brought before the wrong court,” he said.
In response, Gininda said it seemed that he and Mngomezulu did not have the same understanding of section 43 of the Act as Boksburg falls under the same jurisdiction as Vosloorus.
Mngomezulu further said the application for the warrants was brought in after all five accused had already been arrested.
“You brought this application in October 2020. When you approached the Boksburg [magistrate’s] court on that day, all five were in custody,” he said.
Gininda’s affidavit contradicts previous witnesses who were in the house when Meyiwa was killed and told the court that two men had entered and demanded cellphones and money before a scuffle ensued, during which a shot was fired and hit the footballer in his chest.
They told the court that the first intruder was tall and was wearing a hoodie. The second had dreadlocks and was carrying a gun.
Mzuvele Cele of the South African Mass Movement, a civil organisation that raises issues concerning communities and has been advocating for justice for the Meyiwa family, said he hoped there would be no more delay tactics during the trial.
“We hope that the attitude changes; the focus must shift and focus on getting justice for Senzo Meyiwa and not making sure that criminals are taken care of,” Cele said.
“Delays are caused by this constitution that favours criminals and always looks after them — even when their lawyers have the flu, the court must adjourn. We want justice, this year. It must change — if they are sick at least there must be a replacement.”
The five men on trial for Meyiwa’s murder have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
The trial is set to resume on Tuesday.