Two accused in Meyiwa trial say they were tortured to implicate themselves

Two of the five men on trial for the murder of footballer Senzo Meyiwa have told the Pretoria high court that they were tortured and forced to sign statements that implicated them in the murder. 

They are adamant that they had no part in Meyiwa's killing.

On Thursday, defence attorney Sipho Ramosepele presented Muzikawukhulelwa Sibiya's and Bongani Ntanzi's version to the court.

This was as he wrapped up his cross-examination of the state's first witness, Zandile “Zandie” Khumalo, who had been on the stand since Tuesday when the trial restarted. 

Sibiya and Ntanzi have denied they were present at the scene of the crime.

According to Ramosepele, Sibiya will testify that at the time of his arrest, he was living in Thembisa with his uncle. Ramosepele said he will further testify that on May 30 2020, while sitting with his three friends in the area, he saw a red VW sedan parked at a tuck shop, with three occupants.

He said as they were “chilling”, a metro police officer with a rifle approached the parked car and a few minutes later, the officer approached him. The car's occupants also then joined the officer.

Sibiya said he saw more officers approaching with firearms.

“They (Sibiya and friends) were ordered to lie down on their stomachs, they complied and one of the officers asked them what their names were and where they came from. Upon stating that he was from Mahlabathini in KwaZulu-Natal, they pulled Sibiya to his feet. They searched him and confiscated his phones,” he said.

Ramosepele said Sibiya's friends were also searched and Sibiya was later taken to the red car.

He said in a convoy of about 10 to 15 cars, with one marked “Ekurhuleni metro police”, Sibiya claimed he was forced to go to where he lived with his uncle in Thembisa.

“They told his uncle that he was being arrested and forced him to open the room where he sleeps and searched it. Nothing was found at the premises and they left with him,” Ramosepele said.

Ramosepele said the uncle was not told where Sibiya was being taken.

“He was taken to some place that looks like municipality offices, in Thembisa. All the officers who were there when he was arrested were there. At that place, he was told that 'he will tell the truth',” said Ramaosepele. 

Sibiya alleged he was pepper-sprayed and that the officers “took a plastic bag ...  and put it over his face and tortured him. From May 30 2020, he was tortured and assaulted until he was forced to sign a statement implicating himself in the commission of this crime. The torture stopped on June 5 2020,” Ramosepele said.

Ramosepele told the court that from that period, no-one in Sibiya's family knew where he was.

Ramosepele said after having signed the statements implicating himself, Sibiya was taken to KZN to see his family.

However, when the officers entered his home and introduced themselves they said Sibiya was under arrest, and he was not allowed to enter.

Sibiya was kept in the car and his father, mother and cousin were brought individually to talk to him.

He told his family that he had nothing to do with the matter and that he agreed to sign the statement only because they were torturing him.

“And further,  they were forcing him to agree that he had committed this offence with some of the Buthelezi brothers,” Ramosepele said. 

Confirming his version, Sibiya told the court that he was tortured from May 30 2020 to June 5 2020.

He said he was assaulted in the company of other people, and not the men he is now on trial with.

Ntanzi's version is that he was arrested in Phase 2, Rustenburg, where he was working on a mine. It was  June 16 2020.

According to Ramosepele, Ntanzi was shown a picture of a person with tattoos whom police said they were looking for.

Ramosepele said Ntanzi was tortured for a time until he signed two statements implicating himself.

Ntanzi also denies that he was involved in the crime.

He claimed he was moved about to different police stations and doesn't remember the exact dates he was tortured.

Ntanzi said he was arrested for something he does not know anything about.

He stressed he did not know Mthobisi Prince Mncube or Mthokoziseni Maphisa, and though he was not acquainted with Sifisokuhle Nkani Ntuli, he knew him by sight.

He said Gininda, Mogane and Mabena took him to jail to point out people he did not know.

Sibiya, Ntanzi, Mncube, Maphisa and Ntuli face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. All have pleaded not guilty.

Meyiwa was with his then-girlfriend, Kelly Khumalo, her mother Ntombi, sister Zandi, Zandi’s boyfriend Longwe Twala and Senzo’s friends Mthokozisi Thwala and Tumelo Madlala when he was gunned down.

Earlier this week, Zandile told the court that she heard three gunshots go off after two robbers entered the home. Meyiwa was struck in the chest during a scuffle. She identified Ntanzi as one of the intruders.

The house occupants claimed that Meyiwa was killed in a robbery gone wrong.

When her cross-examination got under way, Zandile started off by answering questions about the events leading to the fatal incident on October 26 2014.

Though having conceded to having consumed alcohol on the day, she said she was not incapacitated.

Ramosepele had earlier asked her to describe the gun she saw on the night of the murder.

Zandile said she did not take note of the firearm, what kind it was or what colour. She said she was not familiar with guns and could only say it was dark and small.

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