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The Herald
23-07-2025
- The Herald
Inspection in loco takes centre stage in Senzo Meyiwa murder trial
An inspection in loco at a municipal building in Vosloorus became a focal point in the Senzo Meyiwa murder trial on Tuesday. One of the five accused, Muzikawukhulelwa Sibiya, led the court to the spot where he was allegedly assaulted by officials. The lead investigator in the matter, who is also accused of the assault, Brig Bongani Gininda, also participated in the inspection. The inspection took place on July 4 after it was requested by Sibiya's lawyer, advocate Charles Mnisi. Sibiya demonstrated to the court how he was allegedly assaulted by Gininda and other officers. Photos were taken during the site visit. On Tuesday, state prosecutor advocate George Baloyi officially placed the details of the inspection on record. Baloyi explained that court officials had to drive to the Gold Sports complex at the municipal offices in Vosloorus, which houses various offices, including the metro police offices. Sibiya had to show them where he was assaulted. 'Accused one mentioned that on May 30 2020 they came from Thembisa to the municipal offices and about seven vehicles parked in the open parking area of the premises,' Baloyi said. 'He was handcuffed from behind and a plastic bag was put on his face. He mentioned that Brig Gininda appeared and the other police officers who were with him moved to the parked motor vehicles and held a meeting. He mentioned that the municipal area is known as a gold spot and the police station is behind those premises and that he has passed by that place previously and is familiar with the surroundings,' he said. Baloyi said advocate Mnisi had explained that , one could not see what was happening at the spot pointed out by Sibiya as no-one was moving around at the time because it was during the Covid-19 lockdown. Sibiya had also mentioned that other officials, including members of the metro police, were present when he was assaulted. 'He is unable to say who assaulted him and how he was assaulted as his face was covered in plastic. He said about 14 police officers participated in the assault. Some were in uniform, some in civilian clothes and some were metro police officers. On June 5 2020, the cars came through the same municipality gate and parked at more or less the same spot.' Sibiya said he was placed at more or less the same spot as on May 30 2020. 'He was made to sit and he was handcuffed from behind but no leg irons. A plastic bag was put on him and he was assaulted by about 10 or fewer police officers. There were not that many. Thereafter, they left for Alberton,' said Baloyi. Baloyi said Gininda disputed that it was the place where they were and asked that a note be taken of the fact that there is only one entrance and exit to the municipal premises. He explained that the court and the police station are divided by a wall, but there is no wall or fence to the parking area in front of the police station. On arrival at the parking area at Vosloorus police station, Baloyi said Gininda had pointed out where he met Sibiya in a red VW Golf. 'Brig Gininda mentioned that there is a motor vehicle entrance next to the pedestrian entrance. He also mentioned that the late Sgt Mabena's vehicle was also there,' he said. Gininda said he had not seen Sibiya on June 5 2020 and only saw him on May 30 this year. The trial continues on Wednesday. TimesLIVE
The Citizen
02-06-2025
- The Citizen
‘No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial
The defence sharply criticised the lack of vehicle tracking data. Muzikawukhulelwa Sibiya (L) and Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe As the Senzo Meyiwa murder trial resumed on Monday at the Gauteng High Court in Pretoria, the defence expressed frustration over missing vehicle tracking data critical to the case. The defence team has been seeking automatic vehicle locator (AVL) data related to the arrests of accused number one, Muzikawukhulelwa Sibiya, and accused number two, Bongani Ntanzi, in 2020. Both men allege they were assaulted and coerced into confessing about their involvement in the former Bafana Bafana captain and Orlando Pirates goalkeeper's murder while in police custody during stops made in multiple vehicles. Meyiwa was fatally shot on 26 October 2014 at the family home of his then-girlfriend and singer Kelly Khumalo. Senzo Meyiwa murder trial: State unable to retrieve key records Prosecutor George Baloyi informed the court that the state had received an affidavit from an official at the City of Ekurhuleni, who reported an inability to recover the AVL data. The vehicles in question—a white Audi A3, white BMW 125i, white Nissan NP300, and white Isuzu double cab—were assigned to a SWAT team of the Ekurhuleni Metropolitan Police Department (EMPD) during May, June, and July 2020. No vehicle movement data could be retrieved for this period. 'He says that he conducted a thorough search within the city's fleet tracking system or that the current tracking system was only implemented after 2020. 'He states, furthermore, that there's no historical AVL data that was migrated from the previous tracking platform into the current system,' Baloyi said. The affidavit cited several reasons for this gap in data. ALSO READ: Will Senzo Meyiwa murder trial finally end in 2025? Among them was a 'supplier lock-in' – a contractual dispute between the Ekurhuleni Municipality and the previous service provider that prevented access to old AVL data during a system transition. Additionally, Baloyi told the court that the Toyota Hilux, driven by the now-deceased Sergeant Steven Mabena, also lacked tracking records. The vehicle's log sheet was also unavailable. 'The vehicle log sheet for the month of June 2020 was searched and could not be traced from the storage, and the person who may have been in a better position to assist in this matter is now deceased. 'Furthermore, the said motor vehicle was involved in an accident on 23 September 2022, where Sergeant Mabena lost his life, and was sold as scrap as a result of the accident.' Watch the trial below: The Volkswagen (VW) Polo Golf driven by Constable Sizwe Zungu, who previously testified he 'partied' with all five accused at a Vosloorus hostel just hours before Meyiwa's death, was also without AVL tracking data. An affidavit from a police fleet manager in the Ekurhuleni district confirmed that logbook records for the vehicle could not be found. 'He says he went into the storeroom, he checked, but unfortunately he couldn't find any record or log books of this vehicle.' The AVL records of the Toyota Fortuner that transported Ntanzi to North West have already been presented to the defence and submitted to the court. Defence decries lack of evidence Advocate Charles Mnisi, representing Sibiya, sharply criticised the lack of vehicle tracking data, stating that it is crucial to his client's defence. 'It is just not enough for somebody to pen an affidavit and say I am unable to get the information here and, therefore, the story must end. No, it does not work like that,' he said. 'They must go deep because these AVL records are central to a just decision in this matter as it relates to the accused's case, without which the accused would not have a fair trial.' READ MORE: Senzo Meyiwa trial: Cop says NPA did not refuse to issue arrest warrant for Kelly Khumalo Mnisi insisted the AVL data for Zungu's VW Polo Golf must be produced, arguing that relying on log books alone was unreliable. 'We are not looking for log books because there is a propensity of information being falsified in log books, and I'm saying this with due respect. 'That happens a lot, so that will not give a clear picture of the destinations, directions and places that this motor vehicle went to on the alleged dates,' he said, adding that 'even in the police, things go missing'. Defence demands witness testimony in Senzo Meyiwa murder trial Mnisi further questioned how no tracking data could be found despite prior statements from Brigadier Bongani Gininda, the lead investigator, indicating that all vehicles were equipped with tracking technology. 'It is not only surprising, but it confirms our view that we held all along that we could not have actually expected our prosecutors to become our redeemers and saviours at the same time. 'This is exactly what is happening, and I pray that it does not come to that. There's no proper investigation that was done here.' He urged the court to summon those who submitted affidavits to testify in court. 'The people who penned these affidavits should either come to court here to give their explanation, be cross-examined or be assisted on how to conduct this investigation rather than to simply accept on the face of it.' The defence lawyer added that the Toyota Hilux vehicle, which was involved in an accident, was 'neither here nor there'. 'Unless the state wants us to believe the accident also took away the records that are stored in their system, which would be very unintelligent.' NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial
