Senzo Meyiwa: ‘NPA stopped Kelly Khumalo’s arrest’

THE National Prosecuting Authority (NPA) has blocked Kelly Khumalo’s arrest, says Lead Investigator in the Senzo Meyiwa murder trial.

The decision not to charge the singer in connection with the murder of her then-boyfriend, Senzo, was made by the NPA.

This was said by Brigadier Bongani Gininda, the lead investigator in the killing of the Bafana Bafana and Orlando Pirates goalkeeper.

Giving testimony on Thursday, 22 May, in the North Gauteng High Court in Tshwane, Gininda said prosecutors instructed him to gather more evidence before an arrest warrant could be issued out.

The state believes Senzo’s killing was a hit, with Kelly allegedly acting as the mastermind.

According to Gininda, the accused Muzi Sibiya and Bongani Ntanzi implicated Kelly in their confessions, naming her as the person behind the murder plot.

Furthermore, phone records reportedly link her to two of the accused, one said to be the co-ordinator, and the other the alleged shooter.

While being questioned by defence Advocate Charles Mnisi, who represents accused numbers one and three, Gininda revealed that Kelly had used four hidden cellphone numbers, which police only found during the probe into one of the confessions.

Mnisi pressed Gininda on whether the state’s theory of a hit relied on a single call between Kelly and accused number five, Fisokuhle Ntuli.

Gininda said the call was part of a bigger investigation, and that more evidence was sought to strengthen the link between Kelly and the suspects.

“At the time, it was the issue of further investigations that needed to be done, but strategy for the case was also taken.

“The instruction was for me to find more evidence linking Kelly to the accused,” he said.

He made it clear that the NPA didn’t refuse to issue the arrest warrant but decided to delay it while gathering more proof.

“We never reached a deadlock with the DPP. They said, despite this evidence, we don’t want to charge,” he said.

Gininda confirmed that a warrant application was submitted in November 2020 but stressed that it’s not his job to influence prosecution decisions.

“That’s not my terrain. I can only present what I have and take guidance from the people who will lead the case during prosecution,” he said.

Presiding Judge Ratha Mokgoatlheng reminded the court that the National Director of Public Prosecutions (NDPP) is solely responsible for authorising arrest warrants.

“If the NDPP does not authorise a warrant, then there is nothing a police officer can do to persuade him to perform his duties,” said Judge Mokgoatlheng.

Mnisi argued that the NPA’s decision not to approve the arrest showed insufficient evidence against Kelly.

However, state prosecutor George Baloyi argued that motive is irrelevant in murder cases, and the focus should remain on the act itself.

Judge Mokgoatlheng also asked whether the NPA discusses case strategy with investigators.

Gininda replied that while some direction was given in Kelly’s case, details of the strategy were not disclosed to him.