Judge in Meyiwa trial tells witness not to incriminate himself
The High Court in Pretoria on Monday heard that state witness Constable Skhumbuzo Zungu was not obliged to respond to any potentially incriminating questions.
Zungu, who has been a witness in the Senzo Meyiwa murder trial since September, is the only witness who has linked all five accused to the football star’s murder.
During his testimony in September, Zungu told the court that accused number one, Muzi Sibiya, had exchanged firearms with his nephew Gwabini Zungu.
Zungu testified that it was done shortly after Sibiya, together with accused numbers two Bongani Ntanzi and three Mthobisi Mncube, returned to the hostel.
He told the court the trio were gone for “some time” on the day Meyiwa was killed.
Zungu believes that this was when the three had gone to the Khumalo household in Vosloorus, where Meyiwa was shot.
During cross-examination Advocate Zithulele Nxumalo, who represents accused number four, asked Zungu why he did not arrest the men when they exchanged firearms in Gwabini’s room at the hostel.
But before Zungu could respond, Judge Ratha Mokgoatlheng interjected, telling the witness that he need not answer any questions that would incriminate him.
“Sorry, you know what, I have let this go on. Are you aware that a witness like him is not obliged to answer incriminating questions? This is criminal law 101, in terms of the constitution, section 35,” questioned Mokgoathleng.
“He is not obliged. He is a policeman, fine. That information can be used to charge him because he has incriminated himself. Do you want to address me on that?”
Nxumalo responded: “Because it was raised on some occasion. I had to revise section 35 of the constitution.”
But Mokgoatlheng remained unimpressed.
“So what is your view, Mr Nxumalo? I can’t let a transgression that this witness is asked to walk into without warning him. I can tell him that he is at liberty to answer that question, but you must know your rights as a witness that you are not compelled to incriminate yourself. That is what the law says.”
“Maybe he should say that he prefers to not answer the question,” responded Nxumalo.
“So can you answer this question that I have posed, that you did nothing and effect any arrests when people are exchanging firearms in you presence being a police member,” Nxumalo asked Zungu.
“Can I not answer that question?” Zungu responded.
The trial will continue on Tuesday with Zungu still under cross-examination.
ALSO READ:
