By Lehlohonolo Lehana.
The Gauteng High Court in Pretoria on Wednesday continued to hear evidence in a trial-within-a-trial from state witness Constable Jabulani Buthelezi.
The court was hearing the State’s case on the admissibility of confession statements by two of the accused.
The State wants the court to admit a confession statement signed by Muzikawukhulelwa Sibiya in May 2020 and two confessions signed by Bongani Ntanzi in June of the same year.
But the defence has argued that both men were beaten into signing the statements.
Johannesburg Metropolitan Police Department (JMPD) officer Jabulani Buthelezi has told the court that he was part of the team that arrested Sibiya on 30 May 2020 in Tembisa.
On Wednesday, Advocate Thulani Mngomezulu questioned Buthelezi about why his client wasn’t detained in Tembisa for being in possession of the unused ammunition since the alleged offence was committed within the area’s jurisdiction.
“By law, he is supposed to be detained in one of the police stations in Tembisa. Why didn’t you do that?” Mngomezulu asked.
Buthelezi, in his response, said he was under Batho Mogola’s instructions.
The officer previously told the court that they went to a hostel in Tembisa to look for the gun that may have been linked with the ammunition but were unsuccessful in their quest.
They then proceeded to Vosloorus, where they met with the lead investigator, Brigadier Bongani Gininda.
After a brief stop at Gininda’s offices in Aeroton, near Soweto, they later went to a police station in Pretoria, where Sibiya was detained.
“At Aeroton, what time did you arrive there?” Mngomezulu asked the officer.
Although he couldn’t remember the exact time, Buthelezi said it was “after dark”.
Mngomezulu asked how long Sibiya was at the Aeroton police office with Gininda, but the witness revealed he was tired at that point, so he fell asleep.
Buthelezi said he woke up before they departed for Pretoria.
The defence lawyer told Buthelezi that the notice of rights document that was given to Sibiya showed that he was detained at 01:40am.
That was now on the 31st of May 2020. It could be more than 14 hours from the time he was arrested to the time he was detained. I’m just estimating,” Mngomezulu continued.
“I wasn’t counting,” Buthelezi replied.
Earlier, Mngomezulu put it to the EMPD officer that Sibiya claimed he was beaten up when he was arrested.
According to Sibiya’s version of events, the officers took him to the shack he lived in to find his uncle because he had keys to the shack, but when they didn’t find his relative they took him to Lethabong, where he was allegedly assaulted.
Mngomezulu said Sibiya “messed himself” during the assault and that the reason why they had to return to his shack to change his clothes.
Sibiya is among the five men accused of the 2014 murder of the Bafana Bafana captain at the home of his girlfriend, Kelly Khumalo, in Vosloorus, Gauteng.
All of the accused have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
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