A trial-within-a-trial will not take place at this stage, according to Judge Ratha Mokgoatlheng.
Judge Ratha Mokgoatlheng has ordered that the police officers allegedly involved in the assault of a defence witness in the Senzo Meyiwa murder trial must be called to testify.
The trial resumed on Friday in the High Court in Pretoria, where Mokgoatlheng was expected to rule on the admissibility of Sifiso “Gwabini” Zungu’s purported statement after hearing arguments from both the state and the defence the previous day.
Zungu had challenged the testimony of his uncle and key state witness, constable Sizwe Skhumbuzo Zungu.
The police officer claimed that his nephew had hosted a gathering at a Vosloorus hostel, where all the accused were present on the day of Meyiwa’s murder.
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The defence witness, however, maintained that he had been assaulted and pressured by police into signing a statement he had not read.
When the state sought to cross-examine him regarding the statement he made in November 2019, the defence objected.
This prompted Mokgoatlheng to suggest another trial-within-a-trial to determine whether the disputed affidavit could be admitted.
Judge rules to subpoena witnesses
During Friday’s proceedings, Mokgoatlheng cited section 186 of the Criminal Procedure Act (CPA), which empowers courts to subpoena witnesses at any stage of criminal proceedings if their evidence is deemed “essential to the just decision of the case”.
“If I don’t call these witnesses who allegedly beat up Mr Gwabini, I will be failing in my duty,” he said.
The judge referred to a 2003 ruling that under Section 186, a witness is considered essential if the court believes that without hearing them, justice would not be served.
“There is no explanation before the court which justifies the failure to call that witness.
“If the statement of the proposed witness is not unequivocal or is non-specific in relation to relevant issues, it is difficult to justify the witness as essential rather than of potential value.”
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Mokgoatlheng emphasised that he cannot rule on Zungu’s statement without hearing from the police officers allegedly involved in the assault.
“I can’t rule now without listening to this evidence. I can’t and it’s not me saying that, it’s the law.”
He later added: “No, no, we are not holding a trial-within-a-trial.”
Senzo Meyiwa murder trial postponed to 2026
Following the ruling, the state requested a postponement to 2026 as the courts are heading into recess, with the next judicial term starting in January.
Mokgoatlheng responded with a remark referencing an ongoing police investigation into a conspiracy to commit murder.
“We can start next year if I’m still alive,” he said.
This week, the South African Police Service (Saps) confirmed that it is investigating reports of individuals attending court proceedings with the intent to target key state witnesses, resulting in heightened security in the courtroom.
The judge made further comments on the matter.
“I can tell you that South Africa is a banana republic. They want to kill a judge. They want to kill a sitting judge.
“You know how America is violent, but they have never killed a judge,” Mokgoatlheng said.
The trial is set to resume on 19 January.
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