Senzo Meyiwa trial: Cop says NPA did not refuse to issue arrest warrant for Kelly Khumalo

The lead investigator in the Senzo Meyiwa murder trial says the National Prosecuting Authority (NPA) did not decline to issue a warrant for the arrest of singer Kelly Khumalo.

Testifying under cross-examination on Thursday in the Gauteng High Court in Pretoria, state witness Bongani Gininda was questioned about alleged communication between Khumalo and accused number five, Fisokuhle Ntuli.

Ntuli is alleged to have called Khumalo on two separate occasions before Meyiwa was murdered on 26 October 2014.

‘Contractual killing’ theory questioned in Senzo Meyiwa trial

Advocate Charles Mnisi, who represents accused number one, Muzikawukhulelwa Sibiya, and accused number three, Mthobisi Mncube, sought clarity on why Gininda concluded during his investigation that Meyiwa’s murder was a contractual killing.

Gininda, in his response, explained that Khumalo’s name surfaced multiple times in the confession statements made by Sibiya and accused number two, Bongani Ntanzi.

He also revealed that Khumalo, Meyiwa’s former partner, had four cellphone numbers, which were not disclosed to the police.

ALSO READ: ‘That is the law’: Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial

“Only two numbers were disclosed to the police when the incident took place,” the investigator said.

He told the court that based on the evidence submitted to the NPA, the murder did not appear to be a robbery gone wrong.

“Taking these facts that I have mentioned in totality… there could have no other way, but to conclude that this was a contractual killing,” Gininda said.

Questions over the warrant

Mnisi then argued that the process followed by the office of the National Director of Public Prosecutions (NDPP) in making decisions is “very meticulous and tedious”.

Against this backdrop, the defence lawyer questioned why a warrant of arrest for Khumalo was not authorised, given that she was implicated.

“What was the reason why that application was declined,” he asked.

Judge Ratha Mokgoatlheng intervened, pointing out that the NDPP who holds the authority to decide on authorising an arrest warrant and prosecuting an individual.

Therefore, a police officer has no power to influence that decision, Mokgoatlheng explained.

Watch the trial below:

Investigator clarifies NPA’s position

Gininda clarified that there was no refusal to issue the arrest warrant, and that he had been instructed to continue investigating.

“We never reached a deadlock with the DPP. They said, despite this evidence, we don’t want to charge.

“As I have said, there were further instructions and the approach that the DPP wanted to take in prosecuting the case.

READ MORE: Will Senzo Meyiwa murder trial finally end in 2025?

“That’s not my terrain, I can only present what I have and take guidance from the people who will lead the case during the prosecution. It is not correct to say there was a refusal.”

He further stated that it would be “unfair” to put him in a position to speak on behalf of the NPA.

“I did my part. I presented the evidence and indicated what was discussed.

“I’m not sure if I am in the position to take it further than that insofar as the decisions that the NPA take. I don’t think I am qualified to do that.”

An application for the warrant was submitted in November 2020.

Five men charged in Senzo Meyiwa trial

Meyiwa was fatally shot while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng.

Khumalo allegedly ordered the hit on her former Orlando Pirates goalkeeper, according to Sibiya and Ntanzi’s confession statements.

Ntuli, Sibiya, Ntanzi, Mncube and Mthokoziseni Maphisa are on trial for Meyiwa’s murder.  

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

All five men have pleaded not guilty.

NOW READ: Senzo Meyiwa murder trial won’t be affected, says police after investigator escapes armed robbery