Senzo Meyiwa: Leaked document reveals Kelly Khumalo's cellphone records must be obtained in probe

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  • Five men have appeared in the Boksburg Magistrate's Court in connection with the Senzo Meyiwa murder.
  • To the court's surprise, four of them had no legal representation and told the court the wrong people were arrested.
  • A leaked NPA document has revealed that police are investigating whether singer Kelly Khumalo was in contact with the accused.

Cellphone records of actress and musician Kelly Khumalo may be obtained as part of the investigation into the 2014 murder of former Bafana Bafana goalkeeper Senzo Meyiwa.

This has been revealed in a document which was mistakenly leaked, along with a copy of the charge sheet, on Tuesday morning when five men accused of the murder appeared in the Boksburg Magistrate's Court.

The document formed part of communication among investigating officers in the case and it stated that cellphone communication between the various accused before, during or after the crime must be established, along with tower locations.

The document also stated: "Cellphone records of Ms Kelly Khumalo indicating her communication with the accused must be obtained, as previously indicated."

The document further indicated that it was also previously mentioned that there was a lender who lent money to Khumalo and stated that a statement must be obtained from the lender.

But it emerged during court proceedings that the information should not have been made public. By then, however, it was already in the public domain.

After the realisation that the document, which News24 has seen, had been mistakenly leaked, prosecutor George Baloyi pleaded for it to be ignored, fearing that the details would jeopardise the case.

READ | Senzo Meyiwa murder: Accused deny their involvement - 'We have nothing to do with the case'

Reacting to the blunder, National Prosecuting Authority (NPA) spokesperson Sipho Ngwema said: "The document went out with the charge sheet. It was a mistake. It is a document between members of the team; they were talking to each in terms of how do they advance the case and some of the things they need clarified.

"It's 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 which linked the five accused 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 custody and are serving sentences for other crimes.

The accused appeared before Magistrate Hans Havenga and during the appearance, four of them alleged that they had no idea why they were brought to the court or linked to the case.

Meyiwa was shot and killed on 26 October 2014 at the Vosloorus home of his then girlfriend, Khumalo.

According to the indictment, the men face charges of murder, attempted murder, robbery with aggravating circumstances, and the unlawful possession of a firearm and live ammunition.

AfriForum's Head of Private Prosecutions, Gerrie Nel, told News24 that they had seen the document but decided not to say anything about it because it would prejudice the investigation.

Nel reiterated that they were convinced that the crime was not a robbery that went wrong but an assassination and that there was a "mastermind" who gave the orders.

Nel said:

We said, and we confirm that we should deal with that mastermind. If I read the document, the only thing that I [observe] is that [it] is not really in line with the indictment that was read out in court today.

He added that the briefing he had received and the indictment read in court were not aligned and it seemed there was some misunderstanding in the police and NPA.

READ | 'I will be satisfied when the mastermind is arrested,' says Senzo Meyiwa's brother as Afriforum insists it was a hit

However, he said he did not think it was a big deal and that if there were any misunderstandings, they should be corrected before the next court appearance. 

The accused will appear again in the Boksburg Magistrate's Court on 27 November.

The case was postponed so that the State could prepare a final indictment which will also be submitted to the Gauteng High Court where the matter is expected to be moved to.

ALSO READ | Senzo Meyiwa murder: Bheki Cele says there's 'much more to come'

Nel said all controversies needed to be solved ahead of a trial.

"What I do think, however, is that it is important that if that is what the police believe, that the mastermind [must] be arrested, whoever that is and be brought before court. That is important, and that is the aspect that I want to focus on and not names and a leaked document.

"The prosecutor made a passionate plea it should not be used, but I know it was shared, and people already discussed it amongst them."

The lawyer said AfriForum was pleased that there was enough information to arrest the "mastermind".

News24's attempts to get hold of Khumalo were unsuccessful. Her publicist, Eugene Cele, said he could not get hold of her.

News24 will update the story once Khumalo is reached.

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