Defence to argue on the legality of additions to statement by witness in Senzo Meyiwa murder trial

On Monday morning defence lawyers representing five men accused of murdering soccer star Senzo Meyiwa are expected to argue on the legality and lawfulness of additions to his statement made in court on Friday by state witness Const Sizwe Skhumbuzo Zungu.

Zungu, who gave his testimony last week, revealed on Friday that his typed statement had errors. He made corrections in court shortly after attorney Sipho Ramosepele concluded his cross-examination.

Before that Ramosepele had read out Zungu's statement in full and cross-examined without him raising an alarm on the errors.

Explaining the errors, he said they were particularly on the names which had either been misplaced in a sentence or omitted.

The errors were noted after defence lawyer Charles Mnisi asked the state to provide an original statement written by Zungu.    

“We requested the original version of the statement written by this witness but the state informed us there's no original statement and it only has what has been handed to us.”

“Through the testimony of this witness it transpires there is a statement that was handwritten from which this was typed. I am going to request that we be furnished with that version before I commence with my cross-examination s because we were under the impression this is the original version,” Mnisi said.

In response state prosecutor George Baloyi said he confirmed with the investigating team that the statement was typed from Zungu's notes.

“My understanding is there isn't a handwritten statement. Those were notes used to prepare the current statement,” he said.

This is despite Zungu telling the court his 10-page statement made on May 31 2023, which was read into the record by Ramosepele, was handwritten.

“I reduced the statement to writing myself. It wasn't typed,” he said.

Judge Ratha Mokgoatlheng said he wants all counsels to address him on the admissibility of the statement, “having regard to the fact that it has been added to by the evidence”.

He asked them to prepare arguments.

Earlier Mokgoatlheng had asked that arrangements be made for Zungu to fetch his notes, which he said were in KwaZulu-Natal. 

He raised concerns about the safety of Zungu, who confirmed to the court that he had long moved his family from his KwaZulu-Natal home due to safety concerns.

Mokgoatlheng said: “We have evidence there was an attempt to murder him. Does he have sufficient protection? Is he being driven down?”

Baloyi said Zungu's protection was enhanced on Friday after trigger-pulling gestures were seen being made by one of the accused, Sifisokuhle Nkani Ntuli, while Zungu was testifying on Thursday.

Mokgoatlheng noted there was a possibility  Zungu's safety was compromised.

Judge Mokgoatlheng: “We will postpone this case and  hope this witness will still be alive on Monday.”

Zungu: “I will pray.”

Zungu has so far given crucial evidence which placed all the accused at a Vosloorus hostel on the day Meyiwa was murdered. He also testified that they celebrated his death.

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