Kelly Khumalo’s name was among the suspects the investigating team in the Senzo Meyiwa murder sought to have arrested before the applications for warrants of arrest were submitted on the 23rd of October 2020.
However, a decision not to arrest her was made by the NPA’s Director of Public Prosecution following the lead investigator in the murder case, Brigadier Gininda’s memorandum containing all the evidence against all the suspects, including Kelly.
This is according to Brigadier Bongani Gininda, giving evidence at the High Court in Pretoria on Wednesday afternoon.
“As I indicated, my lord, this case was a prosecutorial-driven investigation. Now, prior to the application for the warrants that was made on the 23rd of October 2020, I’ve indicated in my evidence in chief that I made presentations … not presentations, but a memorandum to the DPP, the North Gauteng one, where I indicated all the evidence that we have on all the people, including Ms Kelly Khumalo. She is there,” says Gininda.
But he says the DPP decided on only charging the five accused for various reasons he would not get into yet.
“A decision was taken at that time that these are the people that must be indicted and that accused 1 to 5. I cannot disclose further details in terms of our discussion with the NPA, my lord, but there were certain things that needed to be looked into in so far as Ms Kelly Khumalo. Then the following month, when we had covered more grounds than then that’s when I made a proposal again to say this is where we are and we are making this proposal,” he adds.
During the trial within a trial hearing the admissibility of confession statements by the first two accused, Muzi Sibiya and Bongani Ntanzi, among other matters, Gininda told the court that the two other accused had implicated Kelly as the person who ordered the killing of the former soccer star.
He further told the court that piecing all the evidence together they had arrived at the inference that Kelly was the trigger person in Meyiwa’s murder.
“Cellphone records show that after the incident took place, she phoned a number of people … but no call was made to emergency services,” reveals Gininda.
And it gets worse…
“She also subsequently went to the witch doctor for cleansing as was also done by the other accused. A statement of Mr Mkhize, who is an expert in these matter, clearly indicates that this is not normally how it should be done if one is innocent. Evidence by means of a sworn corroborating statements establish causal link between the offenders and the offenses of murder, robbery in aggravating circumstances, possession of unlicensed firearm, and unlawful possession of ammunition and conspiracy to commit murder. Miss Khumalo seems to be the trigger point of this murder,” says Gininda.
As arguments on the admissibility of the confession statement rage on, Gininda has told the court that accused 2 in the murder trial, Ntanzi, stood by his two alleged confession even during the current trial at the High Court in Pretoria. However, as Gininda posits, the prosecution and the accused’s legal team could not agree on the proposed sentence to the accused if he testified against the other accused in the trial. As a result, Gininda, those proposal fells through and the trial as it is currently before court became the consequence of that failure in plea bargain negotiations.
“There was proposals and affirmations of standing with the confessions made by accused 2 made to the magistrate (Vivian Cronje) and Colonel (Mohale) Raphadu. And the proposal of him testifying against his co-accused for a specific sentence which we were of the view, as the state, that we are not happy with that sentence. The deadlock … It was concluded, it was formal communication. It was concluded; the difference was on the proposed sentence from the defense’s side.”
Ntanzi made his first confession three days after his 16 June 2020 arrest to Colonel Mohale Raphadu at the Moroka Police Station and the second one to Magistrate Vivian Cronje at the Boksburg Magistrate’s Court.
He says while the confessions are not a subject much debate in court, Ntanzi stood by them when the trial started.
“My lord, it is also prudent that in this communication, I remember one document, he clearly admits that he stands with the two confession statements that he made and these discussions were taking place after the matter was enrolled. It’s not discussions that took place before the first appearance on the 27th of October 2020. While the matter was going on, after the first appearance, second appearance, those discussions were taking place so that one could decide where he must be place.”
Gininda says this is the reason why Ntanzi at the beginning of the trial was kept at police stations and not prison.
The trial will continue tomorrow with Brigadier Gininda back on the stand.
Watch the video below:
