LIVE BLOG | Constable Zungu retakes the stand as Senzo Meyiwa murder trial resumes

Following an early adjournment and a two-week-long break to allow the defence to view photos downloaded from accused Mthobisi Prince Mncube's cellphone, the Senzo Meyiwa murder trial has resumed at the high court in Pretoria on Monday.

State witness, contable Sizwe Zungu had previously testified that he had been drinking with all the accused men at a hostel on the night of the murder. He alleged that the accused had been celebrating a succesful murder. 

Zungu will continue to be cross-examined.

15:51 - Court adjourns

Court adjourns for the day. The trial will resume on Tuesday at 10:00.

15:05 - Nxumalo questions why Zungu did not make arrests on the day

Nxumalo asked Zungu why he had not, in his capacity as a contsable, make arrests on the day at the hostel after witnessing illegal activity.

"Contable, your evidence in chief is to the effect that you had knowledge that Gwabini had used a firarm to shoot at Snakho. Do you confirm that?," Nxumalo asked.

"As I've already said that the firearm he had used, I had knowledge of but as to how he used that firearm or to whom, that information I was never given," Zungu responded.

Nxumalo then asked whether it was true that Zungu had referred to accused number four as inkabi (a hitman).

"I had never used the word inkabi," Zungu said.

"Is it also true that you had knowledge that accused number one was involved in drugs?," Nxumalo continued to probe.

"Yes I knew about it and found that out from him," Zungu said.

After asking about the firearm Zungu had alleged to have seen in possession of accused number three, Nxumalo questioned why Zungu did not make any arrests.

Judge Mokgoathleng intervened and said Nxumalo may not ask the witness incriminating questions.

Zungu did not answer, stating that he does not want to incriminate himself.

14: 10 - Nxumalo says Zungu is not the person depicted in the image

Advocate Nxumalo asked Zungu who had taken the picture he claimed to be in and when Zungu says he did not know, Nxumalo reveales that it was Mabhungu Ntuli.

"I am instructed that on the day that photo was taken he was there at Lesedi visiting the owner of that VW Polo," Nxumalo said.

"I don't know and I don't know the owner of the vehicle," Zungu responded.

Nxumalo then said accused number four says that the person in the image is Khanyile and not Zungu.

"I was there as you can see me on that picture," Zungu insists.

"Accused number four further instructs me that in your evidence, the person that is cut and who is depicted wearing a brown top and a brown pair of trousers is Mantsizwane Khanyile and not you," Nxumalo says.

"I don't know whether you're questioning if I can't see myself. I can see myself," Zungu says.

14:07 - Court resumes

Court resumes and Advocate Nxumalo continues with his cross-examination of Constable Zungu.

Another photo is taken out.

13: 10 - Court is adjourned for a lunch break

Proveedings to resume at 14:00.

12:48 - Advocate Zithulele Nxumalo is next to cross-examine Zungu

Advocate Zithulele Nxumalo who is representing accused number four, begings his cross-examination by asking how Zungu knows accused number four as well as the other accused.

"I don't know him I only met him on that day," Zungu says before saying that Gwabini had introduced them. Zungu said that Gwabini had said accused four was from Ophisweni in Nongoma.

"When I approached accused four he informs me that Ophisweni is in the Mahlabathini area and not Nongoma. I am instructed by accused number four that he doesn't know you from a bar of soap. He is not your acquaintance and he met you for the first time in court," Nxumalo said.

"Please remind him that he gave me the keys on 26 October 2014," Zungu said.

12:25 - Another photo is taken out in court

Mnisi asks Zungu whether he knows where the photo was taken.

"I have no knowledge of that," Zungu says.

Mnisi continues to ask Zungu about the people in the images and whether he recognises them. Zungu says he cannot recognise any of the people in the picture.

12: 14 - Mnisi accuses Zungu of basing his testimony on speculation

"Is it correct that in your testimony is to the effect that you only suspected that these accused could have been involved in the killing of Senzo Meyiwa, because in your storyline that is presented as evidence before court, is that at one stage on the 26th you were with them when you were invited by Mr Mabuza Gwabeni. Is that so?," Mnisi asked.

"Guaranteed," Zungu responds.

"Is it correct that your testimony is only based on suspicion and speculation because of the funny way in which you saw accused number one, two and three running into Mr Gabuza's room?," Mnisi asked.

"Yes that's where my suspicions come from," Zungu says.

Mnisi continued to probe before saying that Zungu's version was lies.

"As old as I am, would I just decide to come to this court and lie?," Zungu asks.

11:58 - Mnisi claims that the man in the photos is not Zungu

"My instruction is that if this person is much taller than accused number three himself, and you and accused number three are around the same height therefore that person can't be you," Mnisi says to Zungu.

Zungu: "If you look at that picture you can see that the people in the picture are not on the pavement and I am on the pavement."

Mnisi: "Even so, without that analysis they (accused number one, three and four) know that person as Mantsizwane Khanyile. That person is not you," Mnisi says.

Judge Ratha asks whether the mentioned person would be brought to court and Mnisi says that is up to the states.

Zungu remains adamant that it is him in the photo.

Mnisi also said that the man in the red top on the photo is Mr Celaimpilo Ndawonde.

"Do you agree with that?," Mnisi asks.

"If you are telling me that then I cannot disagree or dispute that," Zungu responds.

Mnisi says that the vehicle which is not an uno but a polo belongs to Mr Ncamuza Gumede. 

11: 44 - Court resumes

As court resumes, Advocate George Baloyi takes out the photos and says they have been converted into PDFs.

11: 20 - Court adjourns for tea time

Court adjourns for tea time for 15 minutes.

11:14 - Mnisi says the witness' version is hogwash

"Your version about the hostel and that there was a jamboree or celebration where accused number three is just hogwash. It's nonsense. He was not there," Mnisi said to Zungu.

"Well Mr Mnisi, I was there and even they were there as depicted in this picture," Zungu responded.

Advocate Mnisi then continued to say that Zungu lied about the model of the car he had described.

"What is also hogwash is that that motor vehicle is an UNO. That motor vehicle is not an UNO it's a polo VW," Mnisi said.

To which Zungu replied: "What I know is that the vehicle was a small vehicle that was red as you can see us standing besides it. I was not looking at what car it was, but as you can see us standing next to it, it is the car we travelled in."

Mnisi continues to probe about the said car's model and Zungu says he agrees with Mnisi because he insists that the car was a polo and not an UNO.

10:27 - Defence Lawyer Charles Mnisi begins his cross-examination

Defence lawyer, Charles Mnisi who is representing accused number three, Mthobisi Mncube is the first defence lawyer to cross-examine Zungu. He begins by asking Zungu whether he had seen publications where the images of the alleged perpetrators were on October 28, 2014.

"Yes," Zungu responds.

"Also is it true in that newspaper you saw images of identikits?," Mnisi continues to probe.

"Yes I did see that," Zungu said.

Mnisi then asked whether it was true that one of the images Zungu had seen did not match accused number three.

"When I looked at newspaper pictures I saw acuused number two and the other picture alleged to be accused number three was just dreadlocks. I couldn't make out if it was him. There were two identikits," Zungu told the court.

Mnisi then proceeded to ask Zungu questions about the dreadlocks style Zungu had seen.

10:20 - State prosecutor, George Baloyi takes to the stand

Advocate Baloyi presents a list of firearms to be destroyed to the court. The list was compiled by captain Mtshali. Baloyi also reveales that state witness, contable Sizwe Zungu will be back on the stand for cross-examination.

The witness is brought out.