Defence points out 'identity error' in Senzo Meyiwa murder case

Defence lawyer Charles Mnisi, representing one of the five men accused of killing Senzo Meyiwa, has put it to the soccer star's childhood friend that he had made a terrible mistake in his identification of who Meyiwa was in a tussle with when the gun went off.

The friend, Tumelo Madlala, is one of the people who were in the house when Meyiwa sustained a fatal shot to the chest. It was Madlala and the other house occupants that the shooting came after two robbers allegedly entered the Vosloorus home they were in, demanded valuables and then shot Meyiwa amid a scuffle. 

Also present was Meyiwa's friend Mthokozisi Thwala, Meyiwa's girlfriend Kelly Khumalo, her mother Ntombi, sister Zandile and Zandile's then-boyfriend Longwe Twala.

Five men — Ntanzi, Mthobisi Mncube, Muzikawukhulelwa Sibiya, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli — are on trial for Meyiwa’s murder.

On Monday, Madlala pointed out Bongani Sandiso Ntanzi as the man who had a tussle with the soccer star before his death.

Revisiting Madlala's version of events in the house during cross examination, Mnisi pointed out that his testimony contradicted that of Zandile and Mthokozisi.

Madlala testified that when the first gunshot went off, Meyiwa had been tussling with the second intruder — who he pointed out as Ntanzi — whom Meyiwa had reportedly pinned against the kitchen wall.

However, Zandile and Mthokozisi's testimony was that Meyiwa was tussling with the first intruder, who had a gun.

“That is not true. As I have already said, when the firearm went off I was with Senzo by the door. Including that intruder (the second intruder),” Madlala said.

Mnisi, however, pointed out that two people who he was with in the house and who witnessed the same incident have told the court a different story.

“I am confused and this is the reason — if they say Senzo was tussling with the person who had a gun so who were they busy with? Whatever I am telling you is the truth, that's how things happened " Madlala said.

In response, Mnisi said he was only trying to probe.

“The fact that you are saying you are getting confused ... Everybody is confused ... The court is confused, I am confused, my colleague for the state is confused,” Mnisi said.

This prompted laughter from the gallery and a response from judge Ratha Mokgoatlheng.

“Who said the court is confused?” said Mokgoatlheng.

Mnisi further said that on the basis of “this glaring contradiction would it not have been a dreadful error of mistaken identity on your part that the person who you saw being in a tussle with Senzo were in you came to assist was accused No 2?”

“I have never made a mistake and I will never make a mistake with this man as I am saying something that I have seen,” Madlala said.

He maintained that he made no error.

“I did not commit any error by pointing this one (Ntanzi). Even in 20 years I would still point him out,” he said.

Mnisi said; “Inasmuch as you strongly believe that it could have been the second suspect that you saw on that day, your belief might have led you to make a grave error of mistaken identity.”

He said it might have been a mistaken belief in the identity of a person.

Madlala had told the court that one of the descriptive features of the second intruder he identified as Ntanzi, was a trimmed beard under his lip, with an “O” shape around the mouth.

Mnisi asked Madlala if he would be able to point Ntanzi out if the features he mentioned were taken out.

This is as he said the features used by Madlala to describe the intruders are not permanent.

“Even if he shaved his head, I can still point him out,” Madlala said.

He also revealed to the court that the type of gun he saw being wielded by the dreadlocked man who was first to enter had a “wheel”.

However, when probed by Mnisi if the firearm was a revolver he said he did not know what type of a gun a revolver was.

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