Sacked police officer continued to be part of investigation into Meyiwa murder

The high court in Pretoria has heard about how a senior police officer, Major General Shadrack Sibiya, who was fired in 2015, continued to be part of the investigation into the murder of former Orlando Pirates goalkeeper, Senzo Meyiwa.

Sibiya, who has previously denied being part of the Meyiwa murder case’s investigating team, was fired in 2015, before he was reinstated in 2022 and promoted to the position of National Deputy Police Commissioner. This after winning his legal bid in the labour court.

However, state witness, Sizwe Zungu has told the court about a meeting he attended with Sibiya and Major General Vincent Leshabane in 2019, where the discussions centred around the five accused’s possible involvement in the murder.

State witness Sizwe Zungu has placed Sibiya at the heart of the investigation that has now placed the accused in the Meyiwa trial in Vosloorus on the night that the former Bafana Bafana captain was shot and killed. Zungu says while Warrant Officer Makhubo and Colonel Joyce Buthelezi rejected his version, Sibiya was among the top police officials who accepted it.

“Were you aware that he was no longer a police officer at the time?,” says Sipho Ramosepele, defence.

“I was informed by the general that he was the head of the hawks,” says Sizwe Zungu, witness.

“If I tell you that by that time he had already been fired from the saps and was only reinstated in 2022,” Ramosepele explains.

“I heard that thereafter,” Zungu adds.

“In essence, at the time of this meeting, Sibiya who was very much interested in the matter was a civilian. He was not an officer of the SAPS,” Ramosepele added.

“Yes,” says Zungu.

“And they told you that the information you related was correct,” Ramosepele asks.

“Yes,” Zungu answered.

“How would he know,” Ramosepele asks.

“I wouldn’t know how he got to know, but what I knew at the time was that he was a police officer,” Zungu elaborates.

During Sipho Ramosepele’s reopened cross-examination, the court heard how Zungu was related to accused two, Bongani Ntanzi, who says the first time he saw his “possible cousin” was last week when he gave testimony in court.

Zungu, who is under heavy police protection, says he knows all accused before the court, being well-acquainted with accused one and two who he says were at the hostel the night Meyiwa shot.

“Is it still your assertion that accused two is your cousin?” Ramosepele asks.

“I did mention that my grandmother is from the Ntanzi. And if he is from the Ntanzi then it means we are related. Unless he is disputing that he is Ntanzi,” says Zungu.

“He doesn’t dispute that he’s Ntanzi. In fact, he says your father and his father are cousins,” says Ramosepele.

“That’s how I also know it,” Zungu responds.

“Accused 2 says he’s never met you before and he’s only seen you last week when you came to testify,” says  Ramosepele.

“If you are denied by relatives at times, you must just accept it,” says Zungu.

Earlier, the judge dismissed the defence’s assertion that the state was withholding a crucial handwritten statement by Zungu, which they argued, if made available, would reveal more inconsistencies in his evidence.

The defence contended that the witness had made mention of a handwritten statement, which he had initialised and had been commissioned, which he used when he made the final statement which was read out in court. This is about the night Zungu says he saw the five accused return back to the hostel in Vosloorus at about 9 in the evening carrying guns, an incident which, he says, it would later dawn on him that the accused could have been returning from the killing of the former Orlando Pirates goalkeeper.

Judge Ratha Mokgoatlheng says the court viewed the accusations in serious light, but did not believe that Baloyi would, at the risk of his own career as a prosecutor, not disclose such information.

“Every prosecutor knows he has to disclose such information and I do not think that Mr Baloyi would risk his entire career. I don’t know what he would gain. it is not his duty to defend. His duty is to bring the case before the court to adjudicate. It a truism and trite in the law that a prosecutor’s duty is to seek conviction at all costs. His duty is to bring a case before the court. If he thinks it is his duty to seek conviction, then he doesn’t know his duty. Even if there is a statement that brings contradictions to the state’s case, he has the duty to bring such information before the court,” says Mokgoatlheng.

Despite what the witness are mistakes with the names of the accused in his statement in relation to the events that took place at the hostel on that night, Zungu has maintained his version as true that all the five accused were in Vosloorus on that night.

Advocate Charles Mnisi will continue his cross-examination of the witness on Tuesday morning.