‘They cooked up evidence’: Defence lawyer points finger at Longwe Twala:

The Defence lawyer Thulani Mngomezulu, for accused number one Muzi Sibiya, told the court on Monday that the evidence from the investigators of the Senzo Meyiwa murder was far from the truth.

Meyiwa was shot and killed while visiting Kelly Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.

The five men accused of murdering Senzo Meyiwa in the Pretoria high court. File photo.https://blessbpeprah.com

The Defence lawyer Thulani Mngomezulu, for accused number one Muzi Sibiya, told the court on Monday that the evidence from the investigators of the Senzo Meyiwa murder was far from the truth.

Meyiwa was shot and killed while visiting Kelly Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.

Mthokozisi Mncube, Mthokoziseni Maphisa, Bongani Ntanzi, Sibiya and Fisokuhle Ntuli are on trial for the footballer’s murder.

During the proceedings, Mngomezulu told the court that the evidence from the investigators of the Meyiwa murder was far from the truth and the accused did not kill the footballer. 

Mngomezulu stressed that the evidence he had showed that Meyiwa was shot while trying to end a fight between Zandile Khumalo (sister to Meyiwa’s girlfriend, Kelly Khumalo) and Longwe Thwala.

He added that he would call a witness who would tell the court that he received a call from Tumelo Madlala, a close friend of Meyiwa who was among the people in the house, and was told that it was Longwe who shot Meyiwa.

“When Longwe came to Kelly’s house he was drunk and in possession of a .38 special revolver. There were three shots fired and three people were injured. Senzo was shot dead, Longwe shot himself in his ankle and the other [shot] was fired on the floor and as a result Zandi was injured, “said Mngomezulu.

During his cross-examining of one of the investigators, Sergeant Batho Mogola, he said: “They all [the investigators, together with Brigadier Bongani Gininda] cooked this evidence. Everything is a cover-up here. They know who they are protecting.”

Mogola returned to the stand on Friday after she had testified during the trial-within-a-trial and told the court that she was the arresting officer of accused one, Sibiya.

In response, Mogola said the advocate was insulting her.

“We are not bored to cook [up a story] and present it to the court of law and that would mean that South Africa is something else when it comes to justice and that’s why we are here in court for the evidence to be tried. It is not for you to say that the evidence is cooked,” Mogola said.

Mngomezulu questioned why Mogola had not taken statements from the people who were in the house and also from the family of the deceased.

“When you assumed your duties in 2018 in this case, did you approach the Meyiwa family for a statement? Did you ever obtain a statement from Sifiso Meyiwa [Senzo’s brother], from Mandisa Mkhize [Meyiwa’s wife] and did you obtain a statement from Hlophe [brother-in-law],” asked Mngomezulu.

Mogola said she did not know whether Gininda had taken statements, but she had not done so.

“There is no way you could not know that Brigadier Gininda interviewed the Meyiwa family. I want to put something to you about these investigations. I want to demonstrate to this court that the investigation you conducted is far away from the truth of what happened,” Mngomezulu said.

He said Meyiwa’s brother, Sifiso, cannot be a witness for the state.

“I just want to ascertain with my colleague whether he wants to use Sifiso Meyiwa for the case,” Mngomezulu said.

State prosecutor George Baloyi said Sifiso Meyiwa is on the list of state witnesses and would give evidence on the identification of the deceased.

Sifiso Meyiwa’s statement

The defence called for Sifiso Meyiwa’s statement to be read in court.

Reads the statement: “The deceased in this case, Senzo Meyiwa, was my biological brother. I have submitted three or less statements to different police detectives between 2014 and 2018.

“Irvin Khoza told me in 2014 that the story that robbers entered the house and shot my brother was not true. It was a story given to the media but it was not the real story.

I was in Kempton Park to prepare my brother’s funeral on 28 October 2014, on the same day, Rufus dropped me off at the Orlando Pirates offices and took me to the reception area.

“After a while, Khoza came and his son who was driving a Porsche Cayenne. Khoza told me we were going to choose a coffin. We reached funeral parlour and the coffin was chosen.

“My sister-in-law Mandisa was also present when the coffin was chosen. I would like to state that Khoza told me that Senzo Meyiwa, my brother, was not shot by robbers. These were the actual words of Khoza.

“Senzo Meyiwa was not shot by intruders. He was shot by mistake, there was a fight between Zandi and her boyfriend. I would like this matter to be investigated as to who told Khoza this as to what happened inside the house when my brother was killed.”

Although the state interjected again and told the court Khoza had submitted a statement refuting this version of events, Mngomezulu argued that submitting a statement was not the only way to refute statements before the court.

“That’s not the only way to refute this. Among the witnesses that the state is planning to call, Khoza is not there. May I submit to say Dr Irvin Khoza enjoys no privilege not to come and testify. He should be subpoenaed to come and confirm or refute this.”

Mngomezulu said he planned to subpoena singer Khumalo and Chicco Sello Twala to testify in the court.

Although the state had no plans to call Khumalo as a witness, Chicco was on its witness list.

All five men have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.

Mthokozisi Mncube, Mthokoziseni Maphisa, Bongani Ntanzi, Sibiya and Fisokuhle Ntuli are on trial for the footballer’s murder.

During the proceedings, Mngomezulu told the court that the evidence from the investigators of the Meyiwa murder was far from the truth and the accused did not kill the footballer. 

Mngomezulu stressed that the evidence he had showed that Meyiwa was shot while trying to end a fight between Zandile Khumalo (sister to Meyiwa’s girlfriend, Kelly Khumalo) and Longwe Thwala.

He added that he would call a witness who would tell the court that he received a call from Tumelo Madlala, a close friend of Meyiwa who was among the people in the house, and was told that it was Longwe who shot Meyiwa.

“When Longwe came to Kelly’s house he was drunk and in possession of a .38 special revolver. There were three shots fired and three people were injured. Senzo was shot dead, Longwe shot himself in his ankle and the other [shot] was fired on the floor and as a result Zandi was injured, “said Mngomezulu.

During his cross-examining of one of the investigators, Sergeant Batho Mogola, he said: “They all [the investigators, together with Brigadier Bongani Gininda] cooked this evidence. Everything is a cover-up here. They know who they are protecting.”

Mogola returned to the stand on Friday after she had testified during the trial-within-a-trial and told the court that she was the arresting officer of accused one, Sibiya.

In response, Mogola said the advocate was insulting her.

“We are not bored to cook [up a story] and present it to the court of law and that would mean that South Africa is something else when it comes to justice and that’s why we are here in court for the evidence to be tried. It is not for you to say that the evidence is cooked,” Mogola said.

Mngomezulu questioned why Mogola had not taken statements from the people who were in the house and also from the family of the deceased.

“When you assumed your duties in 2018 in this case, did you approach the Meyiwa family for a statement? Did you ever obtain a statement from Sifiso Meyiwa [Senzo’s brother], from Mandisa Mkhize [Meyiwa’s wife] and did you obtain a statement from Hlophe [brother-in-law],” asked Mngomezulu.

Mogola said she did not know whether Gininda had taken statements, but she had not done so.

“There is no way you could not know that Brigadier Gininda interviewed the Meyiwa family. I want to put something to you about these investigations. I want to demonstrate to this court that the investigation you conducted is far away from the truth of what happened,” Mngomezulu said.

He said Meyiwa’s brother, Sifiso, cannot be a witness for the state.

“I just want to ascertain with my colleague whether he wants to use Sifiso Meyiwa for the case,” Mngomezulu said.

State prosecutor George Baloyi said Sifiso Meyiwa is on the list of state witnesses and would give evidence on the identification of the deceased.

Sifiso Meyiwa’s statement

The defence called for Sifiso Meyiwa’s statement to be read in court.

Reads the statement: “The deceased in this case, Senzo Meyiwa, was my biological brother. I have submitted three or less statements to different police detectives between 2014 and 2018.

“Irvin Khoza told me in 2014 that the story that robbers entered the house and shot my brother was not true. It was a story given to the media but it was not the real story.

I was in Kempton Park to prepare my brother’s funeral on 28 October 2014, on the same day, Rufus dropped me off at the Orlando Pirates offices and took me to the reception area.

“After a while, Khoza came and his son who was driving a Porsche Cayenne. Khoza told me we were going to choose a coffin. We reached funeral parlour and the coffin was chosen.

“My sister-in-law Mandisa was also present when the coffin was chosen. I would like to state that Khoza told me that Senzo Meyiwa, my brother, was not shot by robbers. These were the actual words of Khoza.

“Senzo Meyiwa was not shot by intruders. He was shot by mistake, there was a fight between Zandi and her boyfriend. I would like this matter to be investigated as to who told Khoza this as to what happened inside the house when my brother was killed.”

Although the state interjected again and told the court Khoza had submitted a statement refuting this version of events, Mngomezulu argued that submitting a statement was not the only way to refute statements before the court.

“That’s not the only way to refute this. Among the witnesses that the state is planning to call, Khoza is not there. May I submit to say Dr Irvin Khoza enjoys no privilege not to come and testify. He should be subpoenaed to come and confirm or refute this.”

Mngomezulu said he planned to subpoena singer Khumalo and Chicco Sello Twala to testify in the court.

Although the state had no plans to call Khumalo as a witness, Chicco was on its witness list.

All five men have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.