By Lehlohonolo Lehana.
Lead investigator Brigadier Bongani Gininda in the Senzo Meyiwa murder trial says there was no basis to refer allegations of assault by police on one of the accused to the police watchdog, the Independent Police Investigative Directorate (Ipid).
Five men are currently on trial for the soccer star’s 2014 murder.
Advocate Zandile Mshololo, representing one of the accused asked why the matter was not referred to IPID.
A case gets registered at a police station and once we (the police) are sitting with a docket, you realise that there was a violation of rights by police officials … you [then] refer the matter to Ipid. [However], it does not mean that when someone alleges that they were assaulted before you even take a statement, you refer them to Ipid. This is when there is a registered statement, a formal complaint under oath,” said Gininda.
He said Muzikawukhulelwa Sibiya had refused to make a statement about the alleged torture.
“I made my own inquiries, drove to the prison and there was no proof that there was such assault,” he said.
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.
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 soiled himself.
The investigating officer explained that Sibiya needed to lodge a formal complaint, make a statement and then a docket on the assault would be registered before the matter is 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.
“Now in the absence of the complaint, what do you prefer my Lord,” Gininda continued.
It was previously revealed by the defence that during Sibiya’s appearance at the Tembisa Magistrate’s Court on 19 June, the suspect asked the presiding officer to be detained at a correctional centre because he had been assaulted at the Silverton Police Station in Pretoria.
The defence also argued that Sibiya should have been detained in tembisa instead.
While Mshololo insisted on the matter not being referred, state prosecutor George Baloyi pointed out the Ipid Act and its regulations required complaints to be lodged formally.
“It’s very dangerous to read the Act in isolation… it must be read in conjunction with the regulations which makes it clear that a complaint must be in writing as the witness has testified,” Baloyi said.
The former Orlando Pirates goalkeeper was fatally shot by armed intruders at the Vosloorus family home of his then-girlfriend, singer Kelly Kumalo, on 26 October 2014.