Zandile Msholo, defence lawyer for accused number five in the murder of Senzo Meyiwa, has brought into questioned the sobriety of the Orlando Pirates goalkeeper’s close friend who was there on the night he was murdered.
Meyiwa was shot and killed at his musician girlfriend, Kelly Khumalo’s home on 26 October 2014 in what was alleged to have been a botched robbery. Five men – Muzikawukhulelwa Sibiya (accused No 1), Bongani Sandiso Ntanzi (No 2), Mthobisi Prince Mncube (No 3), Mthokoziseni Maphisa (No 4) and who is accused No 5. Sifisokuhle Nkani Ntuli.
They have been pleaded not guilty to charges of murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. This week, Mshololo was questioning Madlala’s sobriety when he identified accused number two, Bongani Ntanzi as one of the intruders on the night that Meyiwa was killed.
“At the time when the incident took place, when you identified the intruder you were all drunk inside the house,” Mshololo argued. Madlala however denied that he was drunk saying “we were drinking but we were not drunk”. Mshololo insisted that Madlala was drunk and not in his “sound and sober senses” on the night in question.
“Do you agree with me that at the time when the alleged intruder came into the house. You were not sober. You were not in your sound and sober senses since you had consumed this liquor,” asked Mshololo. But Madlala remained steadfast that he wasn’t drunk. “I want to reiterate that even though I consumed alcohol. I wasn’t that drunk in such a way that I could see anything that was happening”.
Mshololo also questioned Madlala on the two cans found on the crime scene saying more alcohol than depicted on the pictures had been consumed. She also suggested that police had moved other cans from the crime scene. Madlala said he can’t deny the claims about the cans because he wasn’t there as he had taken Senzo to hospital. “I can’t refute that because we took Senzo to hospital and that didn’t happen in front of me,” said Madlala.
On Thursday, the defence lawyer for accused one to four – Sibiya, Ntanzi, Mncube and Maphisa, Tshepo Thobane concluded the cross-examination of Madlala on Tuesday. Under cross examination, Thobane told Madlala Ntanzi had an alibi and was in Kwa-Zulu Natal the day Meyiwa was shot and killed after Madlala identified Ntanzi as one of the intruders who were in the house on that fateful night.
Thobane told the court Ntanzi was promised money to implicate his co accused in the murder case but his client refused to take the money.
“I put it to you that as per my instructions despite accused number two[Bongani Ntanzi] being promised money he couldn’t take the fall as he was told to say other accused were the ones who committed the offence but he refused. He refused to concede to that, he refused to make a confession and he refused the money as per my instructions.
“My instructions are that the accused knocked off on the morning of Saturday 25 October 2014 and he left for [Kwa-Zulu Natal] KZN to pay lobola for his wife. On the day of the alleged incident Senzo Meyiwa was fatally wounded. Accused number two as per my instructions was in his hometown in KZN.”
However, Madlala was adamant that Ntanzi was one of the intruders in the house and challenged Thobane to bring evidence in court suggesting anything contrary.
