Cross-examination of lead investigator continues in Senzo Meyiwa murder trial

The murder trial of slain Bafana Bafana captain Senzo Meyiwa continued in the Pretoria High Court this week, with intense cross-examination of the lead investigator, Brigadier Bongani Gininda.

Advocate Charles Mnisi, representing one of the accused, Muzi Sibiya, is focusing on the circumstances surrounding Sibiya’s 2020 confession to the murder.

Sibiya is accused number one in the case and is one of five men currently standing trial for Meyiwa’s killing, which happened in October 2014.

During cross-examination, Mnisi questioned Brigadier Gininda about what took place when Sibiya allegedly confessed to being involved in the murder.

According to the defence, Sibiya claims that his confession was not voluntary, and that he was assaulted by police officers during interrogation.

Sibiya has stated that Brigadier Gininda was present during the alleged torture, which he says took place in 2020. He now argues that the confession, which forms part of the prosecution’s case, was forced and should not be considered credible.

Gininda has denied being involved in or witnessing any assault. He insists that Sibiya willingly gave the statement, which he says detailed Sibiya’s role in the killing.

According to earlier testimony, Sibiya described how the fatal shooting took place during a botched robbery at the home of singer Kelly Khumalo, Meyiwa’s girlfriend at the time.

Meyiwa was shot dead on 26 October 2014 in Vosloorus, east of Johannesburg. His death shocked the country and led to years of public pressure for justice.

After many delays and investigations, five suspects — including Sibiya — were arrested in 2020.

The trial, however, has been filled with controversy, including claims of police misconduct, delays, and accusations that the real story behind Meyiwa’s death has not yet come to light.

Advocate Mnisi is using the cross-examination to try to show that the confession may have been unlawfully obtained and therefore should not be used as evidence. He questioned why Gininda did not ensure that legal processes were followed during the confession, and asked whether Sibiya had access to a lawyer at the time.

Gininda responded that all procedures were followed and that the statement was made voluntarily. He also stated that Sibiya was warned of his rights.

The defence has argued that the alleged assault and torture were not only illegal but also show that the police may have been under pressure to produce a confession to close a high-profile case.

The trial is set to continue with more cross-examination and further witnesses.

Legal experts say the outcome of this stage of the trial could be critical, especially if the court decides to rule on whether the confession is admissible.