The defence lawyer in the Senzo Meyiwa murder trial, Adv Charles Mnisi, has accused lead investigator Brig Bongani Gininda of not following proper procedure during his interrogation of accused number two in the matter.
Mnisi also accused Gininda of being ignorant of the law. He said he did not follow proper procedure during his interrogation of accused number two in the matter, Bongani Sandiso Ntanzi.
Mnisi said these during his cross-examination of Gininda in the Senzo Meyiwa murder trial proceedings at the Pretoria High Court on Tuesday.
He conducted his cross-examination on behalf of accused number three, Mthobisi Prince Mncube.
Use of the prescribed form was very irregular
“I will put it to you that the procedure that you used in the interrogation of accused number two [Ntanzi] without using the prescribed form was very irregular,” said Mnisi.
Gininda replied: “I totally disagree. Prescribed by what policy? We are governed by standing orders and the rule of law. Prescribed by what? I am not aware of such prescription. And …I do not agree with the assertion. I followed what was prescribed in terms of warning the accused in terms of his Section 35 constitutional rights by ensuring that he is in his clear and sober senses and the process moved from there.”
Mnisi hit back: “A person at your managerial super level, being ignorant of the law will never be an excuse.”
Shortly after his cross-examination, Mnisi told judge Ratha Mokgoatlheng that he will need more time. This in order to prepare for his cross-examination of Gininda on behalf of accused number one, Muzikawukhulelwa Sibiya.
Two weeks ago, Sibiya chose Mnisi to be his new lawyer after his defence lawyer, Adv Thulani Mngomezulu, died from an undisclosed illness last December.
New lawyer needs more time
Mnisi said there are voluminous testimony records related to Sibiya that he needs to go through. He would like to consult with Sibiya regarding the state evidence presented against him, and which witnesses he will call to testify on his behalf.
Mokgoatlheng postponed the matter to February 3. This for Mnisi to commence with his cross-examination of Gininda on behalf of Sibiya.
Meyiwa, the former Bafana Bafana and Orlando Pirates goalkeeper, was shot and killed on October 26 2014. This happened at the house of the mother of his then girlfriend singer Kelly Khumalo in Vosloorus, on the East Rand.
Present in the house during the murder were Kelly, Kelly’s sister Zandile and their mother Gladness. Also Meyiwa, Zandile’s then boyfriend Longwe Twala, and Meyiwa’s close friends Tumelo Madlala and Mthokozisi Twala.
All accused have pled not guilty
According to the state indictment, Meyiwa was shot once in the chest while in a standing position. The bullet went through his chest and exited his back, hitting the back of the door behind him. And the cause of death was determined to be a bullet that hit his heart and lung.
Sibiya, Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for the murder. They face charges of premeditated murder, attempted murder and robbery with aggravating circumstances. Also possession of firearms without a licence and possession of ammunition.
They have pleaded not guilty to all the charges.
