Senzo Meyiwa: Leaked document reveals Kelly Khumalo’s cell phone tapes must be obtained as part of an investigation
- Five men appeared in Boksburg Magistrates’ Court in connection with the murder of Senzo Meyiwa.
- To the court’s surprise, four of them lacked legal representation and told the court the wrong people had been arrested.
- A leak NAn AP document revealed that police are investigating whether singer Kelly Khumalo was in contact with the accused.
The cellphone recordings of actress and musician Kelly Khumalo could be obtained as part of the investigation into the 2014 murder of former Bafana goalkeeper Bafana Senzo Meyiwa.
This was revealed in a document that was leaked in error, along with a copy of the indictment, on Tuesday morning when five men accused of the murder appeared in Boksburg Magistrates’ Court.
The document was part of the communication between investigators in charge of the case and indicated that cell phone communication between the various defendants before, during or after the crime should be established, as well as the location of the towers.
The document also stated: “Ms Kelly Khumalo’s cell phone recordings indicating her communication with the accused must be obtained, as previously stated. ”
The document further stated that it was also previously mentioned that there was a lender who loaned money to Khumalo and said a statement must be obtained from the lender.
But it emerged during legal proceedings that the information should not have been made public. By that time, however, it was already in the public domain.
After realizing that the document, which News24 saw, had been leaked in error, prosecutor George Baloyi pleaded for it to be ignored, fearing the details could put the case at risk.
Reacting to the blunder, National Prosecuting Authority (NPA) spokesman Sipho Ngwema said: “The document came out with the indictment. It was a mistake. It is a document between the members of the team; are they advancing the matter and some of the things they need to clarify.
“This is something that really shouldn’t be in the public domain. The plea was that if members [of the media] can understand, but it happened (the leak) … ”
On Monday, Police Minister Bheki Cele announced that there had been a breakthrough that connected the five defendants to the case.
The accused, identified as Muzikawukhulelwa S’Thembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, Sifokuhle Nkani Ntuli Sifiso, are all in detention and serving sentences for other crimes.
The defendants appeared before magistrate Hans Havenga and during the appearance four of them claimed that they had no idea why they had been brought to justice or linked to the case.
Meyiwa was shot and killed on October 26, 2014 at the Vosloorus home of his then-girlfriend Khumalo.
According to the indictment, the men face charges of murder, attempted murder, aggravated theft and illegal possession of a firearm and live ammunition.
AfriForum’s head of private prosecution Gerrie Nel told News24 they saw the document but decided not to say anything about it as it would prejudice the investigation.
Nel reiterated that they were convinced that the crime was not a robbery gone wrong but a murder and that there was a “mastermind” who gave the orders.
We have said and we confirm that we should deal with this brain. If I read the document, the only thing I [observe] is this [it] does not really comply with the indictment that was read in court today.
He added that the briefing he received and the indictment read in court were not aligned and there appeared to be a misunderstanding within the police and the NPA.
However, he said he didn’t think this was a big deal and if there were any misunderstandings they should be corrected before the next court appearance.
The accused will appear again in Boksburg Magistrates’ Court on November 27.
The case has been postponed so the state can prepare a final indictment which will also be submitted to the Gauteng High Court where the case is expected to be referred.
Nel said all controversies must be resolved before a trial.
“What I think, however, is that it is important that if this is what the police believe, that the brain [must] be arrested, whoever it is, and brought before a court. This is important, and this is the aspect I want to focus on and not the names and a leaked document.
“The prosecutor pleaded passionately that it not be used, but I know it has been shared and people have already discussed it among themselves.”
The lawyer said AfriForum was happy that there was enough information to stop the “brain”.
News24’s attempts to get hold of Khumalo failed. Her publicist, Eugene Cele, said he couldn’t reach her.
News24 will update the story once Khumalo is reached.
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