PRETORIA - Police captain Siphiwe Xulu on Wednesday insisted in court that he did not go to the Midrand home of Mamelodi's notorious taxi boss Vusi "Khekhe" Mathibela, despite video footage and records placing him at the property of the murder accused.
Xulu was testifying in the North Gauteng High Court in Pretoria where he was subpoenaed after Mathibela's legal representative insisted that the officer gave the accused his passport.
Mathibela stands accused of the murder of businessman Wandile Bozwana
Xulu denied receiving Mathibela's passport and title deed, and also denied meeting Mathibela anytime after he was released on bail.
The taxi boss's lawyer, Annelene van den Heever, argued that Mathibela had complied with his bail conditions, including handing over his passport and a title deed to his property.
She put it to Xulu that there was a photograph of him getting into Mathibela's complex in Midrand on January 6, 2018.
"What were you doing at the property of the accused?" Van der Heerden asked.
Xulu said he was there to do investigations but did not recall which investigation.
"It is a complex, it doesn't mean I had gone there to see the accused," he told the court.
Van der Heerden put it to Xulu that he had gone to see the accused as there is evidence recorded that he told security guards at the gate that he was there to see Mathibela.
This allegedly happened on three different occasions.
Xulu said he could not recall it, prompting Judge Bert Bam to intervene.
"How come you can't recall? Is it a secret? He says (Mathibela) you went to check on him, which is reasonable but you deny it," the judge said.
"You are an experienced police officer and dealt with bail and passport. Once the passport is handed in, would you have authority to hand it back without the court's permission?" asked Bam
"No. It's given to the commander and placed in a safe. If it's taken out it must be signed for," replied Xulu.
The State is applying to have Mathibela’s R50,000 bail forfeited and his bail cancelled after he allegedly violated his bail conditions.
The State said that Mathibela was arrested while preparing to go on a holiday to Dubai despite his bail conditions preventing him from leaving the country.
In addition, the State has argued that Mathibela spent four days in Mauritius while out on bail for the murder of Bozwana.
Mathibela, 33, was arrested on a separate matter on March 13 on charges of extortion, intimidation and assault. He subsequently appeared in the lower court and is still in custody.