Why is Kelly Khumalo still free, asks defence lawyer

1 week ago 64

Singer Kelly Khumalo has once again been identified as the mastermind behind the killing of her former boyfriend and former Bafana Bafana captain Senzo Meyiwa.

Sgt Batho Mogola, who was part of the investigating team since 2018, told the Pretoria high court during cross-examination on Wednesday that a warrant of arrest against Khumalo was applied for but stalled. Their investigation also revealed that Khumalo was the mastermind behind Meyiwa's murder, Mogola said.

Mogola was answering questions posed by Adv Charles Mnisi, representing accused number 3, Mthobisi Mncube, on who the mastermind was and their links to Mncube.

"My Lord, I only know one mastermind. My lord, I only know the name Nonhlanhla Kelly Khumalo.”

Previously, the state had indicated that Khumalo was not on their list of witnesses. 

Mnisi then asked Mogola why Khumalo was not arrested if she was identified as the mastermind.

"What I know is that the brigadier [Bongani Ginindal] applied for her warrant [of arrest], but it was not issued."

In his affidavit read in court three months ago, Gininda had alluded to Khumalo being the person who called the hit on Meyiwa based on the confession by one of the accused, Muzikawukhulelwa Sibiya.

Mnisi told the court that Mncube has denied having contact with Khumalo and that there was never a communication between them despite Bongani Ntanzi, another accused, confessing to Mncube receiving calls from Khumalo on the day of the murder.

"I have instructions from Mr Mncube, much against what you have told this court, that there is a mastermind by the name of Kelly Khumalo, and that he himself has never met Kelly Khumalo. There was no communication between him and Khumalo; there was no communication between him and Khumalo in the presence of this accused [Ntanzi] about the murder of Meyiwa," said Mnisi.

Mogola answered that she had no information regarding how the accused were linked with Khumalo. Evidence previously presented in court by cellphone data analysts showed that all the accused had called one another prior to the murder, and that Mncube and Fisokuhle Ntuli, another accused, had direct contact with Khumalo.

Mnisi said the police investigation was “disjointed and fragmented”.

"The manner in which you investigated this case was a disjointed approach, a fragmented approach, such that some of the things done you knew [about] and some you didn't know,”Mnisi told Mogola.

Mogola stood her ground and refuted claims made by defence advocate Thulani Mngomezulu earlier this week that police "cooked evidence", and that Meyiwa was shot by Longwe Twala, the boyfriend of Khumalo's sister Zandile, during an argument, and that he also accidentally shot himself in the foot and also injured Zandile. 

She said there was no evidence suggesting Twala brought a gun to the house on the night of the incident and that he shot himself as the only blood stains found at the house were those of Meyiwa. 

Before the court adjourned yesterday, judge Ratha Mokgoatlheng told the court he had been made aware that there was an attempted intrusion at Mngomezulu's house on Tuesday morning and that the lawyer feared for his life. Mokgoatlheng instructed police to do all they can to protect Mngomezulu. 

Mngomezulu said the incident happened around the same time Chicco Twala, Longwe's father, was being interviewed on radio about Mngomezulu's suggestions that his son killed Meyiwa. 

When Sowetan called Mngomezulu last night, he said he was at a police station  to open a case. “We have footage. I cannot associate this with Chicco’s utterances, but it is strange. He was angry and shouting [on the radio], I don’t know why.

"Since I took over this case strange things have been happening ... like on Saturday a red, suspicious BMW was outside my gate, and also this is not the first time they try to enter my house. Today they were disturbed by dogs when they barked," said Mngomezulu.