The Senzo Meyiwa murder trial resumes in the Pretoria High Court today with the focus shifting to a disputed statement allegedly made by Sifiso Gwabini Zungu, the man police say hosted the five accused at a Vosloorus hostel on the night the Bafana Bafana captain was killed.
According to testimony and argument already before the court, Zungu’s alleged statement records details that appear to support the confessions of accused Muzi Sibiya and Bongani Ntanzi and the earlier evidence of state witness Constable Sizwe Zungu.
Judge Ratha Mokgoatlheng has ruled that the authenticity of the document must be proved before prosecutors can rely on it during cross-examination.
Zungu, however, insists he never gave a statement and says police tortured him into signing paperwork he did not understand, echoing allegations made by his brother, accused number one, Sibiya.
The defence argues that until the court is satisfied about how the document was obtained, the state cannot put its contents to witnesses as if it is undisputed fact.
State prosecutor Advocate George Baloyi has proposed a fresh trial-within-a-trial to resolve the issue, telling the court the “only practical way” forward is to recall investigating officer Brigadier Bongani Gininda so that “the circumstances relating to the taking of the statement are properly ventilated”.
Written heads of argument are being filed, with legal submissions set down for Tuesday and a ruling expected thereafter.
If Judge Mokgoatlheng agrees, this will be the second trial-within-a-trial in the Senzo Meyiwa murder trial, after an earlier inquiry into the admissibility of confessions and pointing-out evidence.
That process ran for months, and legal experts warn that a new mini-trial on the Zungu statement could again slow progress in a case that has already stretched over several years.
Tensions around disclosure and disputed documents have flared before. In a recent sitting, the judge snapped at defence advocate Charles Mnisi during an argument over a Primrose police-station cell register, telling him:
“You shut up, you shut up. I am making the remarks,” after expressing shock at how counsel were behaving “like children” in court.
The broader murder case centres on the 2014 shooting of the Orlando Pirates and Bafana Bafana goalkeeper at the Vosloorus home of his girlfriend, singer Kelly Khumalo.
Five men have pleaded not guilty to charges including murder, attempted murder, robbery with aggravating circumstances, illegal possession of a firearm and ammunition.
Today’s proceedings are expected to focus on legal argument around the Zungu statement and the possible contours of a new trial-within-a-trial.
Readers can watch developments via the live stream embedded below:
