The Senzo Meyiwa murder case took another twist on Tuesday with a confidential National Prosecuting Authority (NPA) document linking his girlfriend Kelly Khumalo to a suspect in the Bafana Bafana captain’s murder.
This while five accused, appearing in court for the first time, refused to enter the dock, insisting they had nothing to do with the Bafana Bafana captain’s murder.
The leaked document was a letter from the NPA to the investigating officer in the case, Col Bongani Gininda, instructing police: “Cellphone records of Ms Kelly Khumalo indicating her communication with the accused must be obtained, as previously indicated.”
Meyiwa was killed at Khumalo’s mother’s home in Vosloorus, Ekurhuleni, six years ago.
Attempts to get comment from Khumalo and the police were unsuccessful.
It is not clear when the document was drafted, with the NPA not answering questions to this effect when contacted on Tuesday afternoon.
Other requests the NPA made to the police in the document, which do not relate to Khumalo, include that:
- The investigating officer must file a statement detailing the events and circumstances leading to confessions made by accused 1 and accused 2 (named in court as Muzikawulahlelwa S’tembu Sibiya and Bongani Sandiso Ntanzi);
- The investigating officer must indicate how the pointings out by Sibiya fit in with the facts of the case;
- The cellphone communication between the accused — “before/during/after the commission of the offence” — must be obtained, inclusive of cell tower locations;
- It must be established why Ekurhuleni metro police department officials and not the police transported the suspects to the confession;
- The vehicle tracking information of a “silver Polo” for the day of the murder, October 26 2014, must be obtained, as well as how one of the accused came into possession of the vehicle;
- “Ballistic reports have been duplicated”; and
- Outstanding DNA reports from some of the suspects must be obtained.
The document accompanied the charge sheet the NPA issued on Tuesday morning, as the accused appeared in the Boksburg Magistrate’s Court.
The NPA quickly withdrew the document, saying it should not be in the public domain, but before this could happen, it was widely shared on social media.
Asked about the document, NPA spokesperson Sipho Ngwema said it was a private communication between the investigating team, giving instructions on what needed to be done. Its authenticity was not in question.
“Unfortunately there is a paper that slipped in which is not a public document. But the investigation continues and we hope that we will be able to plug the gaps and make sure that all the information that is needed is dealt with and we are able to receive it,” Ngwema said after Tuesday’s court appearance.
Pressed for more details on when the document was written and if it was acted upon, Ngwema said simply: “That is an internal document, for private internal use.”
Meanwhile, in court, Sifiso Meyiwa, the brother of the slain Bafana Bafana and Orlando Pirates goalkeeper, was confused after the accused’s brief appearance.
“I am shocked because the police are the ones who brought them here alleging that they have also made confessions. I was hoping they would step into the (dock), but they didn’t even want to enter,” Meyiwa said.
Police minister Bheki Cele seemed to add to the confusion when he visited the Meyiwas’ home in Durban on Monday evening and said investigations could not confirm if it was a robbery gone wrong or a hit.
When Sibiya, 34, Ntanzi, 30, Mthobisi Prince Mncube, 36, Mthokosizeni Ziphozonke Maphisa, 35, and Sifikuhle Nkani Ntuli, 34, came to court to face Magistrate Hans Havenga, four of the five unrepresented accused indicated they intended to plead not guilty.
Only Ntanzi had legal representation.
They refused to enter the dock, with Mncube saying: “I will not enter the accused dock as I did not kill Senzo Meyiwa.” The magistrate said it did not matter because they could be heard from wherever they stood in court.
Mncube also told the court that at the time of Meyiwa’s murder he was in prison. He is still there.
The men face charges of murder, attempted murder, robbery with aggravated circumstances, possession of an unlicensed firearm and ammunition.
Meyiwa was gunned down in the presence of Khumalo; her mother, Ntombi; sister Zandile; Zandile’s boyfriend, Longwe Twala; and his friends, Mthozisi Twala and Tumelo Madlala, on October 26 2014.
The attempted murder charge relates to the alleged shooting of Zandile Khumalo, while the robbery count relates to the alleged assault of Kelly Khumalo, whose cellphone was taken. The other charges relate to the allegation that the men did not have a licence to possess a firearm and ammunition.
While AfriForum’s head of private prosecution Gerrie Nel said on Monday that Meyiwa’s murder was a hit, he expressed concern about the change in narration presented by the prosecution on Tuesday, which suggested it was a robbery.
AfriForum is representing the Meyiwa family.
“Everybody is concerned about this. SAPS briefed us that this was a hit and NPA said this was a robbery,” Nel said.
It was important, he said, to sit down with the family to clarify what was going on.
The men will appear again on November 27.
