Senzo Meyiwa Trial | Defence witness gives conflicting evidence

Defence witness, Qiniselani Buthelezi, has given evidence that appears to contradict accused number three, Mthobisi Mncube’s, over where a photograph presented in the Senzo Meyiwa murder trial was taken.

Buthelezi testified on Monday after initially indicating that he no longer wished to take the stand, claiming his statement was not drafted by him and that he should not be held responsible for its contents.

After consulting an independent Legal Aid attorney, he confirmed that he was prepared to give the court his version of events.

Five men are on trial for the 2014 murder of Meyiwa, who was shot and killed at the Vosloorus home of his then-girlfriend, singer Kelly Khumalo.

State prosecutor, Advocate Ronnie Sibanda, cross-examined Buthelezi who testified that he became acquainted with Mncube around 2006 and last saw him in 2011.

According to Buthelezi, during that meeting he and Mncube were with friends who had travelled from KwaZulu-Natal to the Emazulwini Hostel, north of the Basotho Hostel in Vosloorus.

He was then shown an old photograph allegedly depicting Mncube with dreadlocks, a moustache, and a gold tooth.

Buthelezi testified that he believed the photograph was taken at one of the two hostels, although he could not say which one.

However, Buthelezi’s evidence appeared to differ from Mncube’s earlier testimony. The State argued that Mncube had previously testified the photograph was taken at a house he was renting at the time.

Through his lawyer, Advocate Charles Mnisi, Mncube disputed that claim, insisting he had testified that the photograph was taken at a hostel by his girlfriend. He challenged the prosecution to produce the court record supporting its version.

Although Buthelezi confirmed the man in the photograph was Mncube, he said he could not recall the accused ever having a gold tooth.

The State is seeking to show that the photograph accurately reflects Mncube’s appearance around the time Meyiwa was killed, as it alleges he fired the fatal shot.

Mnisi rejected that assertion, arguing that a dentist’s report confirms his client never had a gold tooth.

Mncube is expected to return to the witness stand on Wednesday, when he will continue presenting his evidence.

Meanwhile, Buthelezi also disputed the contents of a warning statement police allege he made after his arrest in 2018.

Sibanda told the court that Lieutenant-Colonel, Butimncane Khumalo, had testified that Buthelezi made the statement after being arrested in October 2018 on charges of unlawful possession of a firearm and marijuana.

According to Sibanda, Khumalo testified that although he did not personally take the statement, he later reviewed it and it recorded that Buthelezi had bought the firearm in Gauteng for R1,800.

Buthelezi rejected that version, insisting he never said he had bought the firearm.

“I know nothing about buying the gun for R1800. All I said was that I got the firearm in Gauteng. After having already indicated that I am prepared to speak in court, I don’t see why I would then say that,” said Buthelezi.

Buthelezi maintained that he only stated the firearm came from Gauteng and never claimed to have purchased it.

He told the court he was committed to telling the truth under oath and stood by his version of events.

Buthelezi was called by the defence to support its case that the five accused are not responsible for the 2014 murder of the former Orlando Pirates and Bafana Bafana goalkeeper.

Meanwhile, several accused have complained about conditions at Kgosi Mapuru Correctional Centre, saying they are affecting their ability to prepare and participate in the trial.

The accused raised concerns about a lack of hot water, limited access to ablution facilities and restricted communication with their families.

Defence Advocate, Zithulele Nxumalo, told the court that his client, Mthokozisi Maphisa, had allegedly been forced to take cold showers for the past five weeks and only had access to hot water when he transported to court.

Nxumalo also said Maphisa has been denied telephone privileges and had been unable to communicate with his family for several weeks.

Defence Advocate, Zandile Mshololo, echoed those concerns, saying the conditions had affected her client’s, Sifisokuhle Ntuli’s, ability to concentrate during the trial.

The court heard that although the ablution system at Kgosi Mampuru Correctional Centre is operational, the accused allegedly do not have adequate access to it.

Nxumalo suggested that they be transferred to another correctional facility while the concerns are being addressed.

The trial continues in the High Court in Pretoria.

Written by: Odirile Rabalao