Johannesburg - The confusion between the South African Police Service and the National Prosecuting Authority on the Senzo Meyiwa murder case has left advocate Gerrie Nel angry.
He has called on all parties to work together to bring justice for the Meyiwa family.
On Monday, the police announced they had arrested five suspects in connection with the Meyiwa murder investigation.
The five suspects - Muzikawulahlelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokosenzi Maphisa and SifikuhlenhleNkani Ntuli - have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of unlawful firearm and possession of unlawful ammunition.
Police Minister Bheki Cele and national police commissioner General Khehla Sitole said they had a “watertight case” and publicly ruled out the possibility that Meyiwa's murder was a botched robbery.
But in court on Tuesday, the NPA contradicted the police, saying in its indictment that the suspects acted in unison on the day Meyiwa was killed to commit a robbery.
Speaking to the media after the first appearance in court, a visibly irritated Nel, who is AfriForum's head of private prosecutions, said he was concerned as the police had categorically briefed them that they were dealing with a hit and not a robbery.
“I am concerned about the indictment that was read into the record today. It makes it so much more important for us to remain involved and to ensure that this apparent misunderstanding cannot derail the case or prejudice the case.
“There is clearly some kind of misunderstanding between the two parties (SAPS and NPA).
“I have had a briefing with the police, but I have not had a briefing with the prosecution,” said Nel.
Nel said they would be approaching the police again to establish clarity on the matter.
“We cannot delay (any further), this is bigger than AfriForum, this is bigger than the NPA, this is a matter of justice and we will do what we can to ensure that justice is done.
“We have to cross this hurdle, so we have to say are we dealing with a hit and if we are dealing with a hit, do we have enough evidence to deal with the mastermind, not the refusal to accept we are dealing with a hit,” said Nel.
Nel said he would be explaining to the family about what had transpired in court and what it meant.
He said the SAPS, NPA and AfriForum all needed to work together to ensure there was justice for the Meyiwa family.
“We have to read something into what the Minister (Bheki Cele) and the national police commissioner (General Khehla Sitole) said.
“If there is something else, there must be something else either than a robbery. This should be corrected before this matter goes to trial.
“If right-minded people sit down and we discuss this matter and forget about all the peripheral issues, this matter has been outstanding for six years, we have to get it to court as soon as we can,” he said.
In a statement, the NPA said it took the decision to prosecute last Wednesday when, after extensive work had been conducted by the investigating team.
It said more extensive worked needed to be done and did not rule out the possibility of future prosecutions.
“In this regard, further prosecutions cannot be ruled out,” said spokesperson Sipho Ngwema in a statement.
The matter was adjourned for November 27.
IOL