Senzo Meyiwa murder trial postponed as defence seeks more evidence from state

The Senzo Meyiwa murder trial has once again been postponed, following a request by the defence for additional information from the state.

The trial resumed on Tuesday in the Gauteng High Court in Pretoria, but was adjourned until next week.

The delay comes as the defence seeks access to automatic vehicle locator (AVL) data linked to the cars used in the arrests of the accused.

AVL technology shows real-time information about a vehicle’s status, including whether it is switched on or off, in motion or stationary, its speed, location, and date.

Earlier in the trial, the defence contended that police made multiple stops on different days during which accused one, Muzikawukhulelwa Sibiya, and accused two, Bongani Ntanzi, were allegedly assaulted and coerced into confessing to their involvement in Meyiwa’s murder.

Senzo Meyiwa murder trial delayed

During Tuesday’s court proceedings, state prosecutor George Baloyi requested a postponement until next Monday, citing the need for more time to obtain AVL records for several vehicles.

“The challenge is in obtaining the information from the service provider,” Baloyi told Judge Ratha Mokgoatlheng.

He explained that accessing the AVL records would require Section 205 applications.

Section 205 of the Criminal Procedure Act allows investigators the right to access information which is not in the public domain.

“The date of Monday was arranged, keeping in mind that there are these processes that must be followed.

“It’s not just a question of calling the service provider to request the AVL. They only release them on the strength of a subpoena, which must be issued by a magistrate,” Baloyi clarified.

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Constable Yul Craig Liesering informed the court that two of the four vehicles, including a Nissan van, in question had been written off.

Brigadier Bongani Gininda, the lead investigator in the Meyiwa murder case, confirmed that the supporting documents verifying this will be provided.”

“We will make it available to the defence to confirm that these vehicles got involved in an accident, who was the driver who then unfortunately passed away and it will be accompanied by a photo album,” he said in reference to the Nissan driven by the late Sergeant Steven Mabena.

Gininda also stated that the red Volkswagen (VW) Golf used during Sibiya’s arrest was parked outside the court, but was not equipped with an AVL tracker.

The AVL records of the Toyota Fortuner that transported Ntanzi to North West have already been presented to the defence and submitted in court.

Defence plans to recall witnesses

Baloyi also informed the court that defence lawyer, Charles Mnisi, intends to recall two witnesses – police officer Sizwe Zungu and Ntanzi’s acquaintance, Msizi Jack Buthelezi.

The state is opposing this move.

“He must still expatiate on the reason for requesting the recall of those witnesses, but the information that he is going to receive will enable him to make a call as to whether or not he is still going to persist with that application,” Baloyi said.

Zungu had previously testified that he “partied” with all five accused at a Vosloorus hostel just hours before Meyiwa’s death on 26 October 2014.

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His testimony forms part of the state’s attempt to establish the whereabouts of the accused on the night the former Bafana Bafana captain and Orlando Pirates goalkeeper was shot dead.

The incident occurred at the home of Meyiwa’s then-girlfriend, singer Kelly Khumalo’s mother.

The defence has requested the AVL records of the car Zungu used on the day in question.

The trial is scheduled to resume on Monday.

Five men charged in Senzo Meyiwa murder trial

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

The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

All five men have pleaded not guilty.

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