The Senzo Meyiwa murder trial resumes this morning at the Pretoria High Court, with accused number one, Muzi Sibiya, continuing his testimony under cross-examination.
Sibiya told the court on Thursday that he believes he is not getting a fair trial, accusing the prosecution of asking him the same questions repeatedly and forcing him to relive memories of alleged police assaults he suffered after his arrest.
“I have a problem, my lord, of going back to the same question because this prosecutor keeps asking me the same question,” Sibiya said during cross-examination.
He explained that the repetitive questioning reminded him of how police allegedly beat him while interrogating him about Meyiwa’s murder in 2014.
State prosecutor George Baloyi defended his line of questioning, saying:
“We have to test your evidence and ask you questions; that’s the whole purpose of this exercise.”
However, defence advocate Charles Mnisi objected, accusing Baloyi of “badgering” the witness. Mnisi told the court:
“This is unlawful. It is called badgering a witness. Asking the same question repeatedly after already knowing the answer is unfair.”
Judge Ratha Mokgoatlheng, who is presiding over the trial, did not give an immediate ruling on the objection.
Sibiya also claimed that a document being used by the prosecution contained an error, stating that Brigadier Bongani Gininda had incorrectly identified him as “Moses Sibiya.”
When questioned by Baloyi about whether his former lawyer, Advocate Mngomezulu, had made the mistake, Sibiya responded:
“No, I never said Mngomezulu made a mistake. In the document, Brigadier Bongani Gininda wrote that I am Moses Sibiya, and now the prosecutor is correcting that, saying it is Muzi. Meaning, the prosecutor is involving me in something that Gininda did not involve me in.”
The court heard that Sibiya maintains he was assaulted and coerced into signing statements connecting him to the murder of Meyiwa, the former Orlando Pirates and Bafana Bafana captain who was shot and killed on 26 October 2014 at the home of his girlfriend, singer Kelly Khumalo, in Vosloorus.
This is not the first time Sibiya has accused police of misconduct. Earlier this month, he testified that his alleged confession was fabricated and that officers threatened him during interrogation sessions.
He continues to deny knowing or having met the co-accused in the case.
Today’s session is expected to continue with further cross-examination by the prosecution, focusing on inconsistencies between Sibiya’s testimony and earlier statements made during his arrest and preliminary hearings.
The defence is expected to argue that his constitutional rights were violated, while the state maintains that the confessions and identification procedures were lawful.
Five men — Muzi Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli — are on trial for Meyiwa’s murder.
They face charges of premeditated murder, robbery with aggravating circumstances, and unlawful possession of firearms and ammunition. All five have pleaded not guilty.
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