Gun linked to Senzo Meyiwa's murder was almost destroyed in 2017

A gun allegedly linked to the murder of soccer star Senzo Meyiwa almost got destroyed in 2017.

This was revealed on Thursday by state witness Capt Bonginkosi Mtshali who was attached to the Cleveland police station as the SAP13 store (storage) commander between 2019 and 2022.

The Cleveland storage facility is where the firearm that was found in the possession of accused No 3 Mthobisi Mncube (related to another 2015 case) was kept.

Mncube is one of five men who have been arrested for shooting Meyiwa in October 2014. 

Mtshali said at the storage facility, his  duties included safeguarding exhibits so that they do not get lost or tampered with.

“It is a walk-in safe that is constructed with steel and concrete, there are no windows, and there is a steel thick door. I am the only one who handles the keys,” he said.

He went through how the exhibits are stored, handled, tagged and transferred.

Mtshali told the Pretoria high court on Thursday that on November 10 2017, an instruction for the destruction of items, which included the firearm found on Mncube when he was arrested on a separate matter, was given by a Col Mathakgale.

“On November 10 2017, there was an instruction that the exhibits (the gun included) were to be forfeited to the state for destruction. The instruction was given by the branch commander Mathakgale,” he said.

Explaining the procedure once the instruction is given, he said there was a process that must be followed in getting the team destroyed.

“You don't just take it and throw it into the waste bin especially when you are talking about firearm and live ammunition. There are processes that need to be followed.”

“There are forms that need to be filled. There is a form called 522b, for the forfeiture of the firearm and there is a form that is 521F which is lost and found stolen property; also a ballistic report must be attached and the SAP13 copies are also needed. There is also the packing note and there must be five copies (of these documents made),” he said.

“In those days pictures were required. You [had to] take six pictures of that firearm,” he said.

Mtshali said when it came to the destruction of this gun, there were delays caused by the filling out of these forms and logistics. The instruction to destroy items came from the provincial office in Johannesburg; he was stationed in Cleveland and the destruction was to be done in Pretoria.

He told the court that had there been no delay and, had instructions to fill in the forms came earlier, “I would not be here in this witness box. That gun would have been ash already.”

The court has heard how police found the gun at Mthobisi Mncube's home. He had been linked to a taxi-related case in Alexandra. 

TimesLIVE Premium had in November 2020 reported that through ballistics, police discovered the pistol [recovered from Mncube] was also used to kill Alexandra taxi boss Reggie Mohlala in January 2015.

It was believed that it was the same 9mm pistol which allegedly killed Meyiwa. 

Mncube is serving time for taxi industry-related murders in Ekurhuleni and KwaZulu-Natal. 

Meanwhile, the court heard how crime scene expert Sgt Thabo Mosia, who attended to the Vosloorus where Meyiwa was shot, will be recalled to the stand for the third time.

This is after the defence said there are some discrepancies he needs to clarify after the register he used in 2014 to record his work events was finally provided to the court.

This will be a daunting task for Mosia who last week complained that the case has taken its toll on his health.

“I have some dissatisfaction with this court. I have some chronic illness and it is because of this witness box that I got so sick last year for about five months,” Mosia said at the time. “I have doctor's papers that support my situation, it's too much now. I think I won't be able to recover, my travelling to and from Mpumalanga, I think is too much for me,” he said.

“I have met this court halfway. I also should be in the position to present my dissatisfaction before the court that has to do with my health. I have to protect my health.”

The trial continues on Friday.

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