The five murder-accused in the High Court in Pretoria. From left to right: Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli. Picture: Oupa Mokoena/ Independent Newspapers
The Ekurhuleni Metro Police (EMPD) Special Weapons and Tactics (SWAT) unit officer who arrested Muzikawukhulelwa Sibiya has detailed how the accused was arrested in Thembisa.
Sibiya was arrested at a property in Thembisa after police officers secured an arrest warrant for him on May 30, 2020.
On June 5, 2020, he appeared before Lieutenant Colonel James Hadebe for a pointing out statement at the Vosloorus hostel in relation to the Senzo Meyiwa murder investigation.
The court is currently in a trial-within-a-trial to determine if alleged confessions made by Sibiya and Bongani Ntanzi were made freely and voluntarily.
Constable Jabulani Buthelezi told the Gauteng North High Court in Pretoria that he received a call from Sergeant Mogola (woman officer) requesting help with the arrest.
“We met at the Thembisa police station car park. I was with Constable Sadiki. We met with Sergeant Mogola and she showed us the warrant of arrest,” he said.
“We were given a description of what he was wearing and the colour of the garments. We were told the house is next to one of the main streets and there was no fence in the yard.”
Buthelezi said they used a tactical take-down approach.
“You use stern/ or authoritative voice so that his mind must be confused. We requested them to lie down. We knew who we wanted but we searched them and tried to get their names. They did not resist. The one we were looking for was Muzikawukhulelwa Sibiya and he said he was Muzikawukhulelwa,“ said Buthelezi.
Buthelezi said he read him his rights, including those of representation by a lawyer, right to silence, right to a phone call, right to medical care and his rights to be handled with care, free of violence or torture.
He was handcuffed and then directed the police officers using his head to point to his shack, which was about a kilometre away.
It was locked and the keys were in Sibiya's pocket.
Officers found rounds of ammunition in the shack, his ID book and they noted that he lived alone, as all the clothes appeared to be his.
“We found unused ammunition in a packet, one magazine and 9mm rounds. I asked if he has a licence and he said no. I told him I will arrest him for the live rounds,” said Buthelezi.
Sibiya had been dressed in his flip flops when he was arrested and made a request to change to his Carvela shoes and also change his pants.
Buthelezi said Sibiya was then taken to the Vusumuzi Hostel in Thembisa where they were searching for his friend and a gun, but they were informed he had died.
They then went to Vosloorus, and back-up was called, and they were later joined by Brigadier Bongani Gininda, the investigating officer, who had a short conversation with Sibiya who was in Mogola’s car.
He testified that they travelled to the Aeroton police station with Sibiya and then later to Pretoria, where the suspect was placed into custody.
The defence is expected to cross-examine him on Wednesday.
The trial continues.
IOL News