The five men accused of killing Senzo Meyiwa. (Photo by Phill Magakoe/Gallo Images via Getty Images)
Defence advocate Thulani Mngomezulu on Monday said if one of the accused in the Senzo Meyiwa trial, Muzikawukhulelwa Sibiya, insisted that he was in KwaZulu-Natal when the footballer was killed in October 2014, then no one should say otherwise.
Last Friday, state witness Christopher Matlou, an investigator for the Road Traffic Management Corporation, took the stand and said the evidence generated from the electronic national administration traffic information system (eNaTIS) showed that Sibiya was in Gauteng during the year of the murder.
This contradicts Sibiya’s evidence that he was not a resident of Gauteng from 2013 to 2015.
Under cross-examination, Mngomezulu put it to Matlou that his evidence was irrelevant to the murder his client is charged with.
Sibiya is on trial, alongside Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli, for the killing of Bafana Bafana captain Meyiwa at the home of his girlfriend, Kelly Khumalo, in Vosloorus, Gauteng.
Matlou testified that on 17 July 2014 a booking was made by Sibiya for a learner’s licence in Gauteng. He added that eNaTIS provides details on individuals, including infringement notices, ID number, cell phone number and address among other information.
On Monday, Mngomezulu said to Matlou: “At that time he applied [for the learner’s license], he had to travel from KwaZulu-Natal for that pre-booking. That you can not dispute? And after he failed, you cannot maintain that he stayed in Gauteng?”
Matlou said Sibiya failed his learner’s test and on that same day the eNaTIS system records indicated a transaction on his ID number at another licence centre in Boksburg to apply for another test.
“My instruction is that when he came on 22 July 2014, he went back home. You can not dispute that? Secondly, when he came back in September, he was travelling from Mahlabathini. You also can not dispute that?” Mngomezulu said.
Matlou responded that he could not dispute Sibiya’s version of events.
The case was postponed to 15 April to allow Mngomezulu to familiarise himself with the content of the docket because he joined the case during the just-ended trial within a trial held to determine the admissibility of alleged confessions by Sibiya and accused number two, Bongani Ntanzi.
After the trial within a trial, Judge Ratha Mokgoathleng ruled that the confessions had been made freely and voluntarily with no coercion, but added that this judgment was not final and could be reviewed at a later stage.
All accused are remanded in custody, having pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.