AS IT HAPPENED: Siyoni drops bombshell

2016-11-15 12:30

Judge Dayalin Chetty ends the day saying there was lots to digest after "middleman's" speech.


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Last Updated at 17:23
15 Nov 15:49
Chetty: Court is adjourned until tomorrow at 09:30.

15 Nov 15:49

Chetty: I think that we have a lot of information to digest.

TP: I think we need to know if what he says is true.

TP: If it is true, if Mr Stander knew he was going to deviate, then we have to ask.

Chetty: I find it highly doubtful.

15 Nov 15:48

LS: So what I want the court to take note of...

LS: ...these denials here, these are not the first time I have denied this.

LS: Everything that happened between myself, Mr Kanna and Mr Stander, including the people who tortured me, Mr Stander knows.

LS: I am surprised that he is asking questions about things as if he is not aware of the content.

LS: Because he knows the truth. This is not the truth.

Chetty: Is that all?

LS: Yes.

15 Nov 15:46

LS: At that stage Mr Ngqeza would go to Cape Town, and he would consult on Sunday.

LS: When Mr Ngqeza returned on Sunday, he consulted with me. I told him the same thing I told Stander. They can rather make me an accused person than have me telling lies.

LS: Mr Ngqeza phoned them and told them what I was saying.

LS: They said to him that if that was my position, then they would not be able to use me in court.

LS: I was therefore surprised to be called to court on Monday.

LS: Even when I consulted with Mr Stander I told him the same thing, that I was not going to tell lies.

LS: They asked me what was my truth. I told them. Then Mr Stander told me that I can rather be used by the defence.

LS: Then Mr Ngqeza went and spoke to the defence.

LS: Then a few minutes later I was told that they want to use me in court.

LS: That was the day that Mr Ngqeza was not properly before the judge.

LS: What I am saying is that this is not the first time I have told this to Mr Stander.

LS: He and Kanna were always rectifying the statement.

LS: Kanna was mentioning tree poison.

LS: If this thing came out then they would poison me.

15 Nov 15:42

MS: I don't know if this is the right time. I want to start with a further affidavit which is rather a lengthy affidavit and if this is the right time.

[Interpreter] The witness wants to say something.

Chetty: Yes Mr Siyoni?

LS: This statement up until now. I have already informed Mr Stander that what was said there was not the truth. That is why I obtained the services of Mr Scholtz, and why I later obtained the services of Mr Ngqeza.

LS: I did not agree what was said here. When I obtained Mr Ngqeza I sent him to Mr Stander and we fought about this statement. I told Mr Stander I was not going to mention what was written here because it is rubbish. If he did not agree then they can make me an accused.

LS: But they did not make me an accused. Then Mr Ngeza and I left.

LS: Mr Kanna were continually visiting the place where I was held.

LS: They sat and pleaded with me not to give up being a section 204 witness.

LS: As long as I remain a 204 witness.

LS: The following day Ngqeza came and he heard that Mr Stander was regularly visiting me and also Kanna.

LS: Then he asked why they visited me behind his back.

LS: Whereas they had said to him they would phone him to go to Humewood.

LS: Or they said to him that I had phoned them, which is not true.

LS: We then consulted with Mr Stander.

LS: I consulted with Mr Stander and Mr Ngqeza.

LS: They said I must not mention the fact that I was assaulted.

LS: Then I told them I was going to tell the truth that I was assaulted.

LS: And then I was forced to tell their truth.

LS: Mr Rhyno [Scholtz] is aware of this.

LS: Mr Stander is also aware of this.

LS: The second consultation with Mr Stander and Mr Ngqeza I told that I was not going to deviate and I was not going to tell a lie.

LS: That the police had assaulted me.

LS: Which was the decision of Mr Kanna and Mr Stander didn't want me to say about being assaulted.

LS: Then they were going to lose me and they would lose Chris.

LS: They were constantly telling me these things.

15 Nov 15:36

MS: You have told us you didn't opt to make a statement. Did you tell him you were influenced or felt scared?

LS: I didn't. The time I arrived, the manner he treated me made me unable to tell him what was done to me in Uitenhage.

MS: Now I want to take you to paragraph seven, specifically paragraph 7.2.

MS: Did you ever inform Captain you want to tell the truth?

LS: Yes.

MS: Did you tell him that?

LS: Yes I told him that. I told him I'm telling him the truth. Then he asked me about the gun and then he asked what about the truth I was going to tell him.

MS: Did you tell him you wanted to tell the truth?

LS: He didn't ask that question.

MS: No he can't say he wanted to tell the truth, the question is did he ask you if you wanted to tell the truth?

LS: How would it be able to me to tell the truth to him if I didn't even know who he was?

MS: Did he introduce himself?

LS: I am not sure if he told me his name.

15 Nov 15:32

MS: Did he ever ask you if you had been assaulted or threatened?

LS: He did not ask me.

MS: Did you tell him you had been assaulted or threatened?

LS: The injuries were visible from the police station.

MS: That is not my question. I want to know if you informed him?

LS: He never asked me.

MS: that is not the question. The question is did you tell him?

LS: I didn't tell him.

MS: Did you tell him you wanted a lawyer?

LS: Yes.

15 Nov 15:30

MS: I want to take you to the document completed by Captain Ntembiso Stanley Ndzendeni.

MS: Here we see him warning you of various rights.

LS: He didn't warn me.

MS: At all?

LS: No he did not warn me.

MS: Did he give you the option of making a statement?

LS: No he did not.

MS: So how did you end up making a statement?

MS: Did you elect to make a statement?

LS: I did not elect to make a statement. I asked if I should not have an attorney present.

LS: It was the time he told me I must stop fooling him.

MS: And did you make a statement?

LS: There were questions he put to me, but the first one was not put to me.

15 Nov 15:28
Siyoni is reminded he is under oath.

15 Nov 15:20
Chetty: Court adjourned.

15 Nov 15:20

MS: I was involved in arranging Sizwe to kill Chris's wife.

LS: I was forced to say that.

MS Can we have a short adjournment.

15 Nov 15:15

MS: I gave Sizwe R50 000 in cash.

LS: I did mention that.

MS: I was together with Sizwe when I gave him the money.

LS: Yes I was with him.

MS: My girlfriend Babalwa Breakfast was gone to her place as I asked her brother Toto to fetch him from my place while I left with Cgris to Njoli.

LS: Yes I mentioned that.

MS: I never saw Sizwe again until I was arrested.

LS: Yes I mentioned that.

MS: On the following day I met the people at the bar. Noxie has informed me that Chris's wife's body was found in the forest.

LS: I never said that.

15 Nov 15:10

MS continues.

MS: On the same day 20-04-2015 at about 21:00 Chris came to my place.

LS: I did say something like that.

MS: How did you say it?

LS: I mentioned that to Kanna, not in Fort Beaufort.

MS: Those white people asked me to show them the ATMs.

LS: I mentioned to Kanna, not Fort Beaufort.

MS: Did you mention it to the person in Fort Beaufort?

LS: No.

15 Nov 15:06

LS: I did not mention that.

MS: After some days Chris asked me as to why it was taking so long to kill his wife.

LS: I did not mention that.

MS: I phoned Sizwe and asked him the same question.

LS: I did not mention that.

MS: I told him the money was with me already.

LS: I didn't say that.

MS: On Monday the 20-04-2015 at about 07:00 I was at my place when I received a call from Sizwe.

LS: I did not say it.

MS: He informed me they were finished with killing Chris's wife and they wanted their money.

LS: I never said that.

MS: I do not know Chris's wife's name, but the name was on Facebook.

LS: Perhaps I did say that.

MS: I was not familiar with Chris's wife as she was not visiting my workplace.

LS: I remember saying this to Kanna, not Fort Beaufort.

[interpreter] witness asks if he can sit down.

Chetty: Yes.

15 Nov 14:59

MS: I knew Sizwe Vumazonke as he used to run Nine Yard club and I worked for him as a bouncer or security guard.

LS: I never said that.

MS: I approached him about the job of murdering Chris's wife.

LS: I didn't say that.

LS: This was said in Uitenhage, and I repeated it when I was told I was going to take back to Uitenhage.

LS: I did not say it as a personal version of events.

MS: Did you say it or didn't you?

LS: I did.

MS: But you last time you said it, you said you didn't say it.

TP: I think it is important to state that he has two ways of saying things. When he says that he didn't say it, it is becoming clear that he is saying it was not his personal version of events.

Chetty: Mr Stander to speed this up lets not go through what he said previously, it is on the record, but the witness has asked that the lines be reread to him.

MS: Continues

15 Nov 14:56

MS: It was during February 2014 when I met Sizwe Vumazonke.

LS: I don't know what date it was when I met him.

MS: You don't recall.

LS: I don't recall.

MS: Your first answer was that you did not say that, I told him I met Sizwe on route to Infinity.

MS: You must decide which answer you want to stick with here.

LS: We will stick with the answer that I met him en route to Infinity.

MS: Do you want me to go through the rest that follows from here?

LS: Yes.

15 Nov 14:53

MS: He never told me the reason for him to kill his wife.

MS: You want to stick to your version?

LS: Yes I am happy.

MS: Reads the next line.

LS: I didn't say that

MS: Keeps reading...

LS: I never said it, but it was mentioned in Uitenhage.

MS: So you never said it?

LS: I think I mentioned it to him as well.

MS: Now you have even confused me.

MS: The first time I asked you said you repeated to the captain.

LS: Yes.

MS: Which one you want to stick to now?

LS: I repeated it.

MS: So you prefer that answer now?

15 Nov 14:51

MS: Did you say during December 2014 date I cannot remember I was at my place of work at Infinity Cocktail Club... did you say that?

LS: No.

MS reads the next line...

LS: Yes I said that.

MS: Gets to the part Chris asked me to look for the people who could kill his wife, you told us you did say this, but that it was after you were threatened.

LS: Yes, but I said that in Uitenhage.

MS: Not Fort Beaufort?

LS: Yes he did threaten me in Fort Beaufort.

MS: So you happy with your previous answer?

LS: Yes.

15 Nov 14:46

MS: I was shown the stop where she used to wait for transport to school by Chris during December 2014 during the planning.

LS: I didn't say that.

MS. All the sentences we have done to here  are you confused or do you want me to continue?

LS: Some of the things I never mentioned in Fort Beaufort.

LS: But those things I did mention to Kanna.

MS: I have dealt with 37 lines. Are you happy with the answers you gave to those 37 lines?

LS: I am not happy.

MS: Must I go back?

LS: Yes.

MS begins again.

15 Nov 14:40

MS: Sizwezakhe told me that they were having a problem as they always miss the time when Chris's wife is waiting for transport.

LS I didn't mention it.

MS: Sizwezakhe promised to do the job soon. I told him the money was with me already.

LS I didn't mention that.

MS: On Monday the 20-04-2015 at about 07:00 I was at my place when I received a call from Sizwe.

LS I never said that.

MS: He informed me that they were finished with killing Chris's wife and they wanted their money.

LS: I didn't say that.

MS: I do not know Chris's wife name but the name was on Facebook.

LS: I did say that.

MS: You did say that?

LS: Yes.

MS: I was not familiar with Chris's wife as she was not visiting my work place.

LS: Yes I did say that.

15 Nov 14:36

MS: I told Chris about the payment and he offered to pay the money.

LS: I didn't say that.

MS: In fact I told Chris that Sizwezakhe wanted R80 000.

LS I didn't say that.

15 Nov 14:32

MS: I used to know Sizwe as he ran Nine Yards Club and I used to work for him as a bouncer or security guard.

LS: I did not say that.

MS: I approached Sizwe Vumazonke about killing Chris's wife.

LS: I didn't say that.

MS: Sizwe agreed to the job.

MS: and kill Chris wife.

MS: Sizwezakhe told me that he would need payment at an amount of R50 000.

LS I didn't say that.

15 Nov 14:29

MS: It was in February 2015 that I met Sizwe Vumazonke.

MS: We are going to go through this sentence by sentence, and you must tell me did you say that or didn't you.

LS: I don't recall the day that I met up with him, but I did inform him I met.

MS: So you did not say that you met Sizwe in February 2015?

LS: I don't recall mentioning it.

MS: So what would you have told him about meeting Sizwe?

LS: What I told the person who took the statement is what I told them in Uitenhage, while I was en route to Infinity and he said he was on his way to Infinity too.

MS: So this sentence you did not say?

LS: I don't recall.

MS: What you recall is telling him you met Sizwe when you were on your way to Infinity?

LS: I told him how I obtained the R80 000.

Chetty: Mr Siyoni, it is going to be much easier. The prosecutor is going to read you a sentence, and he is going to ask you if you said it or not, do you understand?

15 Nov 14:23

ZN: I apologise for the interruption. We are dealing with the confession, with the intent of discrediting the witness.

Chetty: Yes the state is entitled to bring that application.

ZN: But it is not in front of you. This statement has other issues which have not been brought before this court.

Chetty: In all matters where a witness recants his statement, the state can put his statement to him.

ZN: I accept that my lord.

MS: Let us continue.

15 Nov 14:20
Court is in session.

15 Nov 14:17
The accused have taken their seats.

15 Nov 12:47

Court is adjourned until 14:15.

15 Nov 12:46

MS: He said he did not want me involved in the killing and I should arrange people who would do the killing.

LS: I didn't say that.

MS: I visited a number of places looking for people who could assist Chris.

LS: That is also what I heard in Uitenhage.

MS: Did you say it or didn't you?

LS: I repeated what was told me.

MS: I could not get anyone December 2014 or January 2015.

LS: I don't recall this one.

Chetty: We will take the adjournment now.

15 Nov 12:43

MS: Chris asked me to look for people who can kill his wife.

LS: I think I answered that one after he threatened me.

LS: That I was wasting his time and fooling him, I must tell him what I told the police in Uitenhage.

MS: So he had to threaten you to say that?

LS: Yes.

MS: And it was because of that threat that you said it?

LS: I realised that there was no way for me to tell him my truth that I know. He wanted me to tell him the truth that he wanted to here from me.

MS: He never told me the reason for him to kill his wife. Did you say that?

LS: I am not sure about this one.

MS: Were you told this when you were tortured?

LS: I was told to say this because they have an informer that I was the middleman.

15 Nov 12:41

MS: The question is not if you were employed, the question is did you convey that information to the captain?

LS: Yes.

15 Nov 12:40

MS: Lets keep it simple, otherwise we will be here many days. Did you say it, did you make it up or did someone tell you to say it?

LS: This sentence does not emanate from me.

MS: Are you sure about that?

LS: It seems I recall, I recall that Kanna and the others were ratifying things I said in Fort Beaufort. Then they said the statement I made in Fort Beaufort must sound the same as the statement that is here.

MS: I am not fighting with  you.

MS: So you didn't say it, so Zenzevu must have written it?

MS: It was during the night when my boss, known to me as Chris called me.

MS: Did you say this?

LS: I did, I recall that.

MS: So you did say that?

LS: Yes I did say that.

MS: Next sentence. Chris is the owner of Inifinity Cocktail Club in Algoa Park next to the OK Supermarket

LS: Yes I said that.

MS: I was employed by Chris as a bouncer and security guard since 2014, I cannot remember the date.

LS: Yes, it can be the truth, because I was employed by Chris.

15 Nov 12:36

MS: During December 2014 date I cannot recall, I was at my work at Infinity.

LS: I recall saying this, I remember saying this to Kanna.

MS: No lets not worry about Kanna. You are in Fort Beaufort.

LS: Yes I said it after being threatened.

MS: Where did you get that content for that sentence?

LS: I don't know.

MS: You refer to December 2014, where did you get that information from?

LS: It seems that is the time I was arrested.

MS: The time you were arrested?

LS: I don't recall this that has been read out now.

LS: This is part of the information I was told to convey.

MS: Who told you to say that?

LS: That was during the time when I was tortured, they did not speak it as it specifically written here. What they said to me was that I was enlisted by Chris to hire Sizwe.

15 Nov 12:33

MS: I want to refer you to the document on the screen, it is typed, I will deal with this version because it is easier to read than the handwritten one. But at the relevant times I will go back to the hand written one.

MS: If I look at this document, on page one of the handwritten version,  is that your signature on this document?

LS: Yes.

MS: If we look on the left hand side, there are a number of initials, reading LS, is that your initials?

LS: Yes it seems to be.

MS: And if we go down, bottom, right, is that yours?

LS: Yes.

MS: And the third page, your signature?

LS: Yes.

MS: Next page?

LS: Yes.

MS: And last page, your name, signature and thumb print?

LS: Yes that is my signature.

MS: I will deal with what proceeded this, but I want to take you to the content of the statement itself.

15 Nov 12:29

MS: I want to ask now at this stage, permission from the court to discredit this witness.

Siyoni pours himself a glass of water.

MS: I want to take you to the statement that you made in Fort Beaufort.

TP: I want to put on record. This document that Stander is referring to, has informed us in and out of court that this is inadmissible.

MS: There is a clear distinction between the confession and a statement. At no point will I use this document against any of the accused. It is purely to discredit the witness.

Chetty: Proceed.

15 Nov 12:27

MS: Did you tell him your version of the events on the merits of this case?

LS: I don't understand the question.

MS: Did you tell him what happened, besides the assault?

LS: Like what?

MS: Everything else but the assault.

MS: Your dealings with Accused Number one, and Vumazonke.

LS: That is what I said, I did not have any dealings with Sizwe.

MS: Let us make it simple, you told us about Sizwe giving you information and you going to ask Accused Number one for R80 000, did you discuss that with him?

LS: I never told my attorney that.

MS: Mr Ngqeza, you never told him about that?

LS: What I obtained him for, was to discuss the torture.

MS: Did you ever discuss the money that was found?

LS: Yes I told him it was money for my gym, money that was found in my possession.

15 Nov 12:22

MS: Did you tell him your version of the events on the merits of this case?

LS: I told him everything that happened to me.

MS: Did you tell him your version of the events on the merits of this case?

LS: No I told him about what happened to me.

MS: Subsequent to Mr Scoltz, did you obtain any other legal representation?

LS: Yes I got Mr Ngqeba.

15 Nov 12:20

MS: After van der Spuy did you get further legal representation?

LS: No.

MS: Did you at any other stage consult with further legal representation?

LS: When I observed that Van der Spuy was not doing the things for me, then I obtained other legal representation.

MS: Who?

LS: I am not sure, Scholtz .

LS: I obtained his services after I was detained at Humewood.

MS: Did you tell him about the assault?

LS: Yes.

MS: Did you tell him your version of the events on the merits of this case?

LS: I told him about the assault.

MS: Did you tell him your version of the events on the merits of this case?

LS: I told him I don't have an attorney and that I wanted an attorney for some time and I was never offered the opportunity to get an attorney.

15 Nov 12:18

MS: Did you give him your version of events, excluding the torture?

LS: I don't know whether I first of all I said Van der Spuy was not an attorney of my choice.

LS: He was brought to me, and when he came to me, he had knowledge of what happened to me, because I recall making a statement to him and Kanna.

LS: He was called to come and confirm what was written down was written down correctly.

LS: Then Van der Spuy said what is written down is right and is going to serve its purpose.

LS: To me, he was part of the team that was working with Kanna, including Stan - referring to Stander.

MS: My question is very simple, did you tell Van der spuy your version of events?

LS: No.

15 Nov 12:15

LS: Because during that time if I report something to him, he won't come back to me.

LS: Kanna would come back and everything was under his control, there was nothing that I could tell my attorney, which was in fact his.

LS: I must not panic and give the attorney some versions.

LS: If I want something, I must tell him, Kanna.

LS: So that is why I could not tell Van der Spuy anything, because whatever I told him he would convey to Kanna.

MS: So I can accept that your version of the torture was not conveyed to Van der Spuy?

LS: No I did not tell him.

15 Nov 12:13

LS: I must say I did want a lawyer and Kanna volunteered to get one as he said I can't be in court without a legal representative.

MS: I want to know, was he ever your legal representative?

LS: The manner in which he approached me I was under the impression was my attorney, then I realised he was not my attorney, he was acting as my attorney.

MS: You have told us now how you were tortured, and you have given us your version of events on the facts of the case.

LS: Yes.

MS: Did you tell the version of events on the torture to Mr Van der Spuy?

LS: As I said, he was not my attorney. When I got him, I realised he was working with Kanna.

15 Nov 12:11

MS: Mr Siyoni at the time you made the first affidavit to the investigating officer, you referred to him as Kanna, did you have an attorney at that stage?

LS: No the attorney was not present.

MS: Did you have the services of an attorney at the time you made the statement to Kanna, on the 3rd of May 2015?

LS: No I did not have an attorney.

MS: Was Mr Van der Spuy at any stage your legal representative?

LS: They said they had arranged with him to represent me, and I never asked about that.

15 Nov 12:09
Siyoni again warned he is still under oath.

15 Nov 11:55
Chetty: Court is adjourned.

15 Nov 11:55

LS: Then we went to my house. I pretended to search for the money in my house, knowing that the money was not in the house because I wanted my family to see I was assaulted.

LS: The police came in and searched the room. They said if I tried to run away, they would shoot me.

LS: Then I told them the bag is not there, and we went to my girlfriend's house to look for it.

LS: When we got there it was not there.

LS: Then they asked, where is the money, and they were told that the money is in safe keeping.

MS: So do I understand you correctly, the reason you went to the house, was to create an opportunity for your family to see you?

LS: Yes.

MS: And where was the money?

LS: With Babalwa's maternal aunt.

MS: Can we ask for a short adjournment?

15 Nov 11:53

MS: I refer the witness to exhibit BC.

MS: I see you smiling, do you recall this?

LS: Yes.

MS: Is it the first time you saw it yesterday?

LS: Yes.

MS: What do you know of the black bag with the R31 000, do you know how the police found that bag?

LS: I placed the R30 000 in the bag.

MS: Do you know how the police got the bag?

LS: Yes.

MS: Tell us.

LS: The time they tortured me, they asked me whether I had money.

LS: I told them I have money.

LS: Then they said let us fetch it.

15 Nov 11:50

MS: So if I understand correctly, all you said was that the phones were with your girlfriend?

LS: I was not using them anymore and they were with my girlfriend.

MS: Yesterday, we showed a video clip pertaining to Facebook.

MS: Do you know how that video was obtained?

LS: Which video?

MS: Where we went into Facebook.

LS: The video at KFC?

MS: No the video of your conversations between Accused one and with Vumazonke.

LS: I am confused. we are talking about a video?

MS: Do you want to see it again?

LS: Please.

15 Nov 11:47

MS: At some stage the police obtained a further number of cellphones and sim cards that belonged to you?

LS: Yes.

MS: How did that come about, and when?

LS: Kanna asked for then.

LS: I told them my phones were not with me.

LS: I told them the phones were used by my girlfriend.

LS: And they went to fetch them.

15 Nov 11:46

LS: At the same time I met with Stander, and he said he was the state prosecutor and I must not worry.

LS: Then Van der Spuy came to sit where I was sitting.

LS: He opened the books and told me the courts expected one thing from me, and that was to tell the truth.

MS: You don't have to go into details, did you consult with him?

LS: We did not talk about what happened to me. The way I saw it, even Van der Spuy was aware what had happened to me.

LS: Then he said he was going to represent me. I believe that was the day I went to court.

MS: We have heard evidence that at some stage you made a statement.

MS: I don't want to deal with that statement now. All I want to know is that can you explain how you made a statement?

LS:: Do you mean in Fort Beaufort?

MS: No, through Kanna.

LS: Kanna said to me that it seems that if I don't talk to them then I will talk better to the other people from before. I don't recall clearly what I said to Kanna.

MS: I will return to that at a later stage.

15 Nov 11:42

MS: And the next day?

MS: The next day you went to court?

LS: I spent a long time at Kabega Park and the meeting I had with Kanna.

LS: I cant recall if the attorney came after I spoke to Chris or before, or if he arrived on the day I was supposed to be in court.

LS: The attorney came in your company Mr Stander, I am sure you would know what day that was.

MS: That is why I am taking you to the day after the meeting with Chris.

MS: Can you recall?

LS: I was taken to Kanna, and then Mr Van der Spuy arrived. At that stage I did not know that he was an attorney.

LS: He came, he was carrying some books.

LS: Kanna and others brought the lawyer to me and said he is Van der Spuy, and told me here is [my] lawyer.

15 Nov 11:39

MS And who was in the bakkie when this meeting took place?

LS: It was myself and Chris.

MS: What happened to the driver?

LS: He went out.

MS: Why?

LS: He didn't say why.

MS: The meeting is now over, what happened then?

LS: We went back to the cells.

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