Bongani Gininda, the lead investigator in the Senzo Meyiwa murder trial, has told the Pretoria High Court that he was instructed to find more evidence connecting Kelly Khumalo to the accused.
This is the reason why Khumalo, Meyiwa’s ex-girlfriend, has been mentioned in the case more than once, delaying her arrest.
Gininda made this statement on Thursday while he was being cross-examined by defence attorney Charles Mnisi.
Mnisi, the attorney for accused numbers one and three, began his interrogation by bringing up the purported phone conversation between accused number five, Fisokuhle Ntuli, and Khumalo, the Afro-pop musician.
He stated his intention to determine whether Gininda’s accusation of contractual killing was based on the phone call.
In response, Gininda said he had found out Khumalo had four cellphone numbers that she had kept from the police.
He claimed to have learnt of this while looking into a claim made in the confession that Khumalo had spoken with the third accused.
“What was the reason why Kelly Khumalo’s warrant of arrest was not authorised?” asked Mnisi.
“I indicated that, at the time, it was the issue of further investigations that needed to be done, but the strategy for the case was also taken,” Gininda replied.
“The instruction was for me to find more evidence linking Kelly Khumalo to the accused.”
Claim of contractual killing disputed
In his intervention, Judge Ratha Mokgoatlheng stated that the national director of public prosecutions (NDPP) makes the decision regarding both charging and authorising an arrest warrant.
“If the NDPP does not authorise the warrant, then there is nothing the police officer can do to persuade him to perform his duties,” said Mokgoatlheng.
Mnisi continued the cross-examination by emphasising that the police required additional information, which is why a warrant of arrest for Khumalo was not approved.
“Yes, and that was complied with; that is why there was this application for a warrant in November 2020. We are unable to agree with you that this was a contractual killing,” Mnisi said.
State advocate George Baloyi, however, stepped in and said Mnisi was bringing up a legal issue.
“Murder is murder, and the motive is irrelevant. Does the NDPP discuss strategy with you?” Mokgoatlheng asked Gininda.
“Not in detail; in this instance, it’s said a certain strategy will be used when dealing with Kelly Khumalo, but it’s not in detail,” Gininda replied.
The trial continues.
