The five men accused of the murder of Bafana Bafana captain Senzo Meyiwa appear in the Pretoria High Court. Photo: Phill Magakoe/Gallo Images
The first accused in the Senzo Meyiwa murder trial, Muzikawukhulelwa Sibiya, on Monday testified in the Pretoria high court that he was repeatedly assaulted by police and forced to admit to his involvement in the murder of the Bafana Bafana captain.
Sibiya was the first defence witness to take the stand in the continuing “trial within a trial” to determine whether confessions made by him and accused number two, Bongani Ntanzi, were admissible.
He and Ntanzi are among five men accused of killing the footballer at the home of his girlfriend Kelly Khumalo on 26 October 2014 in Vosloorus, Gauteng. The other accused are Mthobisi Ncube, Mthokoziseni Maphisa and Fisokuhle Ntuli.
Sibiya detailed how he was arrested in March 2019.
“On the allegations of the murder of Senzo Meyiwa, was it the first time you were arrested on the 30th of May?” asked defence advocate, Thulani Mngomezulu.
“It was not the first time. I was arrested in March 2019; I was arrested in Tembisa, where I used to stay. I was arrested by Mudau, Baloyi and another officer whose name I cannot recall,” Sibiya replied.
When Mngomezulu asked Sibiya to describe what happened when he was arrested, he said armed policemen had arrived and ordered him to lie down. He added that they cuffed him and put him in a car.
“I was then taken to some offices in Chloorkop. We arrived there and I was questioned about Meyiwa’s murder. I told them that I knew nothing about his death,” he said.
Sibiya went on to demonstrate how he was allegedly “tubed”.
He further told the court that, after being tortured and assaulted, he was taken to a police station where he was charged with possession of drugs, adding that he was never taken to court and was ultimately released.
Sibiya told the court he was arrested again on 30 May 2020.
“Myself and two other guys were chilling when a group of police officers with rifles appeared — we were ordered to lie down.”
He added: “One of the officers asked us our names individually. We told them our names and they asked where home was.”
He told them that he was from Mahlabathini in KwaZulu-Natal and claimed that the officers then aggressively pulled his arms back and cuffed him, taking his two phones.
Sibiya said his rights were not read to him before he was put in a car. He said the police asked him where he resided and who he lived with.
In response, he told them that he lived at Vusimuzi Section 1818, with his uncle. He said the police drove to his residence but did not find anyone there when they arrived. They then decided to leave and go to Lethabong, a section of Thembisa.
At Lethabong, he said he was made to squat and questioned about Meyiwa’s murder. He added that he was tubed and assaulted when he told the officers that he knew nothing about his death.
“After I was assaulted and tubed until I wet myself, I was taken to Vusimuzi. The police kicked my door and entered the house and started searching,” he said.
“Is it the evidence of [officer Jabulani] Buthelezi that they found illegal ammunition?” asked Mngomezulu.
In response, Sibiya told the court that he was pushed into the room and the police had found nothing in his shack.
State witness, Constable Jabulani Buthelezi, previously told the court that Sibiya was taken back to his shack to look for his identity document, where a black plastic bag with ammunition was allegedly found after a search.
Sibiya said, after his dwelling was searched, he was put in a vehicle. One of the police officers commented that they could not leave with him with wet pants.
He was taken back to his dwelling and asked to point out his pants and underwear. He detailed how he was stripped naked and dressed by the police officers.
Buthelezi had previously told the court that Sibiya was taken to change as he had dirtied his pants while he was being cuffed.
“Like I said, when we arrested him, he was wearing Brentwood pants. He was complaining that we had made him lie down on the ground wearing them. He also did not want to be arrested in those trousers and I was not going to deny him that when he was asking politely,” Buthelezi said.
Sibiya told the court that he was further assaulted and tubed in Diepkloof, Soweto.
“We arrived and I was taken to a courtyard. [Lead investigator Brigadier Bongani] Gininda arrived and asked whether I was still denying that I knew anything about Senzo’s death. I said ‘yes’ and he said he would leave me in the company of [the officers] because I did not co-operate with him,” Sibiya said.
He alleged that the torture continued until Colonel Mhlanganyelwa Mbotho came in and asked what he knew about Meyiwa’s death. Sibiya said he responded by saying he knew nothing about it, and that he was being assaulted, so he would falsely confess.
Sibiya said he was asked a few questions by Mbotho, while he was writing on a form.
“He then asked me to sign but I could not, because my hands were tied to the back. I was then untied and Mbotho saw that my hands were injured before I signed the document. He acknowledged that I was injured but said we should start with the important stuff first,” he said.
Mbotho previously testified in court that he was the one who was called to write down the confession, saying Sibiya had no injuries and was not under the influence of drugs when he confessed to the crime.
“According to the Constitution, he is not forced to tell me anything and I would write it down. I also told him that he has the right to be represented as the allegations against him were very serious,” Mbotho previously told the court.
“He said nobody influenced him to make the statement,” Mbotho testified at the time, adding Sibiya replied that he was neither promised anything nor expected to benefit from his supposed confession.
All of the accused have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.