The Senzo Meyiwa murder trial resumed at the Pretoria High Court on Monday, with the State, led by advocate George Baloyi, beginning a cross-examination of the first accused, Muzi Sibiya.
In a turn of events, Sibiya told the court that after he was assaulted and arrested by the police, Deputy Police Commissioner General Shadrack Sibiya was present in Chloorkop.
He said this as Baloyi questioned the circumstances of Sibiya’s arrest.
Sibiya testified that he was assaulted in Chloorkop by several individuals.
“After that I met Zungu, Makhoba, Leshabane, and Sibiya. If there are claims that I am lying about what happened, then how and where do I know these people from? What I’m saying happened, happened,” he said.
“Sibiya, as in General Sibiya?” asked Baloyi.
Sibiya agreed.
However, his lawyer, advocate Charles Mnisi, rose and asked for the state to clarify the Sibiya mentioned and what their role was.
Sibiya told the court that he was referring to Shadrack Sibiya, who has been accused by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi of interfering in the work of a high-level unit, the Political Killings Task Team, that investigates politically motivated killings.
Baloyi asked if Sibiya was searched when he was arrested.
“No, they pushed me down and cuffed me,” he responded.
He further asked why he was charged with dealing with drugs if he was not searched before his arrest.
I was charged with dealing with drugs
“I do not know but I was not searched, and I do not have any drugs in me. It was later on when I was in Tembisa that the police said they would charge me with dealing with drugs,” said Sibiya.
Sibiya said he does not know where the police got the drug allegations.
“I can’t speak on behalf of the police, but I didn’t have any drugs in me. Also, it is a lie that the cellphone was taken from me, because my uncle came to the police station and took it.”
When Baloyi asked what Sibiya would say if there were a person who claimed the cellphone had been confiscated during arrest, he said that person would be lying.
“If anyone said that, then where would it have been taken to? Because my uncle took it and I found it at home.”
Lawyer didn’t oppose claim
Baloyi told the court that Sibiya’s late lawyer, Thulani Mngomezulu, had not opposed the claim that the phone was confiscated.
“That is why I decided to take the stand and tell the truth and narrate the way things happened to me,” Sibiya responded.
The court also heard that Sibiya’s cellphone number and photos were found on the phone of accused number two, Bongani Ntanzi.
“My phone would be used by anyone at home when I have minutes. I do not know how my pictures ended up on his phone, perhaps you can ask the accused,” he responded.
Defence advocate Sipho Ramosepele objected, accusing Baloyi of mischaracterising the evidence.
“My lord, objection! My learned colleague is mischaracterising the evidence of the witness. The context within which those calls were discussed was between the witness and the fourth accused, Mthokoziseni Maphisa.”
Sibiya concluded his testimony by saying his father was shocked when he was taken home to KwaZulu-Natal and heard that his son had been assaulted over the murder of football star Meyiwa.
