FREEDOM TEARS
state witness says one of the five men charged with the murder of former Bafana Bafana goalkeeper Senzo Meyiwa was unwilling to officially report the assault he alleged he experienced.
Brigadier Bongani Gininda’s cross-examination continued in the High Court in Pretoria yesterday. A trial-within-a-trial is taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused in the main trial.
Gininda was questioned about accused one Muzikawukhulelwa Sibiya’s assault in custody. Sibiya, who was arrested on 30 May, 2020 in Tembisa, has claimed that he was assaulted and tortured by police, who forced him to sign a pre-written confession statement.
According to the defence, the accused was beaten on multiple occasions, including an incident where Sibiya allegedly soiled himself.
Yesterday, advocate Zandile Mshololo, counsel for accused three Mthobisi Mncube, asked why Sibiya’s assault was not referred to the Independent Police Investigative Directorate (Ipid) in terms of the Ipid Act.
Gininda, the lead investigator, said Sibiya needed to lodge a formal complaint, make a statement and then a docket on the assault would be registered before the matter was referred to Ipid.
“The feedback I got was that accused one was not willing to [make a statement].
“Subsequent to that, all relevant entries showed that he was not assaulted,” he said. “In the absence of the complaint, what do you refer?” Gininda said.
It was previously revealed by the defence that during Sibiya’s appearance in the Tembisa Magistrate’s Court on 19 June, he asked the presiding officer to be detained because he alleged he had been assaulted at Silverton police station in Pretoria.
State prosecutor George Baloyi pointed out the Ipid Act and its regulations required complaints to be lodged formally. “The regulations make it clear a complaint must be in writing as the witness has testified,” Baloyi said.
But the defence lawyer said: “Brigadier, I put it to you that if you had complied with the provision of this section, independent members of Ipid would have been appointed to approach the accused, obtain the statement and investigate further.”
Gininda disagreed. “That’s not correct. You need a complainant statement to understand the allegation. What do I comply with when you don’t have an existing document or an eye witness?”
Sibiya, Mncube, Bongani Ntanzi, Mthokoziseni Maphisa and Fisokuhle Ntuli are on trial for Meyiwa’s murder on 26 October 2014.