The five people on trial — Ncube, Bongani Ntanzi, Mthokozisi Maphisa, Muzikawukhulelwa Sibiya and Fisokuhle Ntuli — have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition. (Gallo Images/OJ Koloti)
Prosecutor Ronnie Sibanda questioned first accused Muzikawukhulelwa Sibiya’s testimony at the Senzo Meyiwa murder trial on Tuesday, pointing out inconsistencies between his evidence and the version put to state witnesses.
Sibiya returned to the stand in the Pretoria high court to continue being cross-examined by Sibanda, who is standing in for state prosecutor George Baloyi.
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, are 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.
Sibanda referred to court transcripts where Constable Nakedi Monareng said Sibiya had given the police his uncle’s residential address after his arrest in May 2020. According to the transcript, the uncle opened the door when the police showed up at the shack.
During his evidence-in-chief led by his lawyer Thulani Mngomezulu on Monday, Sibiya said the police had told him that they found no one in the shack where his uncle resided. But under cross-examination on Tuesday, Sibiya said he was not with the police when they went to the shack so he did not know who they had found there.
Sibanda also pressed Sibiya on his evidence that police officers had found nothing after searching his shack. The prosecutor referred to the previous testimony of Jabulani Buthelezi, an officer with the Ekurhuleni metro police special weapons and tactics unit, who was among the officers that had arrested Sibiya.
“Buthelezi said they found ammunition in your shack? You were attending an ammunition charge matter in court, where does the charge come from if they found nothing in your shack?” asked Sibanda.
Sibiya responded: “That is not true. They alleged ammunition and drugs and I do not know where they got it from but they charged me.”
Sibanda also quizzed Sibiya about the day he allegedly made his confession statement at Diepkloof police station in Soweto.
On Monday, Sibiya testified that he was tortured and assaulted and made to sign an already written confession statement by Colonel Mhlanganyelwa Mbotho, adding that lead investigator, Bongani Gininda, was also present.
Sibanda pressed Sibiya on the alleged claim that Gininda was at Diepkloof police station on the day in question, until the accused refused to give an answer.
”Can I not answer that question because I have already said that he was there,” Sibiya said, adding: “I never wrote or made a statement. [Mbotho] just produced documents for me to sign. As to what was written on those documents, I do not know.”
Sibanda asked: “Do you recall placing your signature on that which was produced by Colonel Mbotho? Did you initial? When he asked you if you wanted to make a statement, what did you say?”
Sibiya said Mbotho never asked him whether he wanted to make a statement.
Sibanda reminded Sibiya that he had previously raised his hand to give his lawyer, Mngomezulu, his version of events while state witnesses were on the stand.
“The cross-examination was based on your version/instructions. So you are distancing yourself from what your lawyer said?” asked Sibanda.
“That was said by my lawyer, but I was not there. I am not distancing myself, maybe the lawyer said it the way he said it but this is my version,” Sibiya responded.
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.