Senzo Meyiwa Trial: Accused Claims Police Assault, Deputy Commissioner's Presence During Arrest
The Senzo Meyiwa murder trial resumed at the Pretoria High Court on Monday, with the State, led by advocate George Baloyi, commencing cross-examination of the first accused, Muzi Sibiya.
In a surprising turn of events, Sibiya testified that Deputy Police Commissioner General Shadrack Sibiya was present in Chloorkop after he was allegedly assaulted and arrested by the police.
Sibiya made this claim while Baloyi questioned the circumstances surrounding his arrest. He 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 confirmed.
However, his lawyer, advocate Charles Mnisi, requested clarification from the state regarding the identity and role of the Sibiya mentioned.
Sibiya clarified that he was referring to Shadrack Sibiya, who has previously been accused by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi of interfering in the work of the Political Killings Task Team, a high-level unit investigating politically motivated killings.
Baloyi questioned Sibiya about whether he was searched during his arrest.
“No, they pushed me down and cuffed me,” he responded.
Baloyi then asked why he was charged with dealing drugs if he was not searched prior to the arrest.
“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,” Sibiya stated.
Sibiya maintained that he was unaware of the source of 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 someone claimed the cellphone had been confiscated during the arrest, Sibiya responded that the 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.”
Baloyi pointed out 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 mischaracterizing the evidence.
“My lord, objection! My learned colleague is mischaracterizing 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 stating that his father was shocked when he was taken home to KwaZulu-Natal and learned that his son had been assaulted in connection with the murder of Senzo Meyiwa.
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