LIVE BLOG | Neighbours cross-examined in Senzo Meyiwa trial

As the new Senzo Meyiwa murder trial continues in the North Gauteng High court in Pretoria on Wednesday, the second state witness, Khaya Ngcatshe is expected to be cross-examined on his chief of evidence which he gave on Tuesday.

Ngcatshe who was a neighbour to the Khumalo's at the time of Meyiwa’s killing, has revealed how he had seen an unknown man jumping into their yard on that fateful evening.

"[As we approached him] he told us it was not him [at fault]. We asked what he meant and he told us that there was a problem that had transpired in the house next door. We left him alone because we were confused and then he jumped over the fence again back into the Khumalo’s yard," Ngcatshe told the court.

Defence lawyer, Sipho Ramosepele who is representing two of the five men accused will be cross-examining Ngcatshe.

How Ngcatshe was able to see inside the house

The trial began with Ramosepele questioning how Ngcatshe was able to see inside the Khumalo's kitchen. He asked the witness about his height, his eyesight and the distance between his bedroom window and the Khumalo's kitchen.

"What is your height?" Ramosepele asked to which Ngcatshe said: "Around 1.8 meters".

Ramosepele then asked how good Ngcatshe's vision is and Ngcatshe said his eyes are fine even though he needs glasses (spectacles).

Ngcatshe also confirmed that the distance between his bedroom window and the Khumalo kitchen is about 7 meters long. Ramosepele then continued to ask questions that would determine how well Ngcatshe could see inside the Khumalo's household.

"Furthermore, she [Zandile] stated that the pre-cast wall between the two houses also would have made it difficult for you to see into their kitchen from your vantage point," Ramosepele said to which Ngcatshe disagreed.

"I disagree there because from where I would be standing by the bedroom window, in as much as the pre-cast wall would be higher, I could still see the kitchen window of the Khumalo house," he responded. 

The man who jumped inside the yard

Ramosepele then moved on to ask about the man Ngcatshe had said he had seen inside the yard. 

"Let's talk about the man who you said jumped into your yard. Did you actually see him jumping or you saw him already in?," Ramosepele asked.

"He had already jumped into this yard," Ngcatshe responded.

Ramosepele then asked whether Ngcatshe had asked the unknown man what his name was to which Ngcatshe said he did not remember. He also added that the time that had lapsed from the time he had interacted with the man to the time he jumped back into the Khumalo yard was not more than a minute.

Ramosepele then asked Ngcatshe questions about the time he had returned from the park and entered the Khumalo's home.

"You said upon your return to the park you entered the Khumalo home and towards the passage saw the deceased on the floor. You said you tried to make him sit up?," he asked to which Ngcatshe responded "yes".

Ramosepele continued to ask about the state Ngcatshe had seen the deceased in. Advocate Charles Mnisi who respresents accused number three then interjected and asked Ngcatshe to clarify a point.

"When you returned from the park and went into the Khumalos, did you see anyone?," Mnisi asked.

"Apart from myself and neighbours, there is someone I saw and this was the person who assisted us to make the deceased sit up. I also saw the person who had jumped into our yard," Ngcatshe responded. 

Zithulele Nxumalo had no cross-examination so Advocate Zandile Mshololo was next. Mshololo also asked questions around how Ngcatshe was able to see inside the Khumalo kitchen as well as the events that had occurred upon Ngcatshe's return from the park and into the Khumalo's household.

Third witness is introduced to the court

A third state witness, Nthabiseng Mokete who is also a neighbour of the Khumalo's is called to the stand. She says on the day of the soccer star's killing, she was staying at her sister, Maggie Phiri's house. The house is in the same street as the Khumalo's.

State prosecutor, George Baloyi began asking her to describe how her house is positioned from the Khumalo's.

"Their house is directly opposite (across the road) from the Khumalo and Ngcatshe homes," Mokete responded before explaining what she had been doing before the incident.

"I had just taken a bath and was sitting inside a friend's vehicle next to our home," she said before Baloyi asked how the vehicle was positioned.

"It was parked facing the park. I was sitting in the backseat behind the driver," she responded.

Mokete also confirmed that her friend, Yolanda as well as Yolanda's car were in the car. She says as they were sitting inside the car, they heard a loud bang that sounded like a gunshot.

"I got shocked and said to my friend that is the sound of a firearm being discharged. There is a person who walked passed while I was telling Yolanda there is a gunshot. That person was running while passing us," she said.

Baloyi then asked the gender of the person to which Mokete responded: "He looked like a male. He was lean in physique and wore pants. I saw this person he was already passing the vehicle and running towards the park," she said before revealing that this happened after 8pm.

Zandi Khumalo called for help

Mokete says as she and her friend were arguing about their safety after hearing a third gunshot, she remembers hearing Zandi's voice.

"She was screaming and saying Nthabiseng call an ambulance," Mokete said.

"Where was Zandi at that stage when she was saying call an ambulance?," Baloyi asked.

Mokete repsonded by saying Zandi had appeared near the substation and told her to call an ambulance.'

"I am uncertain if she climbed onto something to elevate herself but she was visible. She screamed 'Ntabiseng call an ambulance, Senzo has been shot. As she was saying that she was running towards us. I was shocked at that stage thinking perhaps I should also run," she said.

Mokete then explained that she picked Yolanda's child up and ran inside her home where she met Maphiri who asked what was happening.

"That is where Zandi explained that Senzo was shot at. She then requested that an ambulance be called. From then I cannot have a clear  recollection if the ambulance was phoned or not. I left the child on the carpet, Zandi had gone out and I followed," she explained.

"When I went  to the street, there were multitudes of people and the X6 was parked in the street and it was said Senzo had already been loaded into the car," she continued.

Nthabiseng Mokete cross-examined

After Mokete had completed her testimony, court was adjourned for an hour. Upon resuming, defence lawyer, Sipho Ramosepele began to cross-examine Mokete surrpounding the events that took place after she had heard the first gunshot.

"What was the lighting like around 8pm as you testified?" Ramosepele asked.

"It wasn't that dark," she responded before Ramosepele asked whether the street lights were on or not.

"I think the apollo lights were on," she replied.

Ramosepele then confirmed that apollo lights are tall street lights and then proceeded to find out where on the street the apollo lights are situated.

"There is no apollo light in our street, but there was light perhaps from another apollo or other lights from houses illuminating," she said.

Ramosepele then continued to ask Mokete questions about a nearby spaza shop and how busy the area was.

"Since it was a Sunday evening around 8pm, were there people milling around on the street?" he asked.

"It wasn't busy in that street and there weren't many people walking around but I also did not pay attention to the tuck shop or how many people were there. I was inside the vehicle with my friend," she responded. 

The second and third gunshots happened within seconds from each other

Ramosepele asked Mokete the time it took each gun shot to go off after the other.

"I'm uncertain but after the first gunshot went off, it could have been 10-15 minutes till the second one went off. The third shot happened a few seconds after the second gunshot," she confirmed.

Mokete also said that she saw two other men run towards the park after the gunshots.

"Then you saw two people running passed and heard a third shot right?" Ramosepele asked.

"Yes," she responded.

Ramosepele then asked whether Mokete had seen any people running after the last bang to which she responded with "no". He also asked whether Mokete had seen the faces of the three men who ran passed her.

"No I couldn't see their faces," she responded before saying that she had not seen from which direction these men were running from, she had not seen the clothes worn by these men and did not see their faces," he said. 

Mokete's statement is cross-examined

Ramosepele then moved on to a statement Mokete had made on 27 October 2014.

"Was the statement read back to you?" Ramosepele asked.

"Yes, I would think he did," she responded.

Ramosepele then proceeded to ask more questions before reading out a paragraph from a second statement that Mokete had made on 22 April 2019.

"You testified that the police wanted information from the scene that was required from some documents at the hospital so you and MaKhumalo were taken in a police car to the Khumalo household. Is that how I recall your evidence?" Ramosepele asked.

"Yes, that was my evidence," Mokete confirmed.

Ramosepele then asked that in Zandile's statement she had said that she, Kelly Khumalo, Gladness Khumalo and Tumelo Madlala had gone back to the house but Mthokozisi Thwala had refused because he wanted to remain behind with Mandisa.

"I left the hospital with MaKhumalo, that I am sure about. We were with the police in the car," Mokete said.

When asked whether she could confirm what Zandile had said, Mokete said her mind was sober enough to recall that it was only her, MaKhumalo and the police in the car on their way home.

Court is adjourned. The trial continues on Thursday.