Marizka Coetzer
Journalist
3 minute read
25 Apr 2022
4:56 pm

Kelly Khumalo’s lawyer says she ‘anticipated’ being booted from court

Marizka Coetzer

Magdalene Moonsamy said she found it strange that she was asked to leave, despite the evidence being heard having nothing to do with her client.

Picture: Jacques Naude/African News Agency (ANA)

Magdalene Moonsamy, former EFF firebrand and now the attorney representing Kelly Khumalo, says she wasn’t offended by being asked to leave the courtroom where the murder case against Senzo Meyiwa’s alleged killers was being heard, and that she saw it coming.

Also Read: Senzo Meyiwa murder trial: Kelly Khumalo’s lawyer ordered to leave court

The first witness in the murder case of goalkeeper Senzo Meyiwa took the stand on day 2 of the long-awaited trial to get justice for the slain soccer star.

Last Friday Muzikawukhulelwa S’Themba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Sifokuhle Nkani Sifiso Ntuli pleaded not guilty on charges of murder, attempted murder, armed robbery, possession of firearms without a license, and the possession of ammunition.

Advocate Zandile Mshololo, representing Ntuli, and Advocate Malesela Teffo representing the other accused in the case requested Khumalo’s watching brief to be removed from the court before the first witness took the stand.

Moonsamy said being asked to leave the court was not ideal.

“We are not offended, but we anticipated this,” she said.

Moonsamy said her client was both a victim and a witness.

“I find it mysterious that the defence found discomfort with my presence in court last week,” Moonsamy explained.

She said the ballistics reports and evidence by the investigating officers did not involve Khumalo in any way, “So there is no need for me to be absent.”

Also Read: State says ballistics evidence matches gun used to kill Meyiwa

Prosecutor for the state, George Baloyi called the first witness, Sergeant Thabo Mosia, a forensic fieldworker to the stand.

Mosia described arriving on the scene and securing evidence on the scene which included the bullet hole through the kitchen door, a bullet casing, a grey, white, and brown chequered hat, and a silver walking stick found on the kitchen countertop inside the house.

Gerrie Nel and Meyiwa family pleased with case’s momentum

AfriForum’s Private Prosecution Unit head Advocate Gerrie Nel, who had a watching brief on behalf of Senzo’s mother Ntombifuthi Meyiwa, said he was excited to see the case was finally gaining momentum. 

Nel said he was paying close attention to who was and who wasn’t testifying as witnesses in the case.

Meyiwa’s sister Zuma Meyiwa said she was happy the case has finally started.

Also Read: Let’s stop romanticising law and understand why Kelly Khumalo got a lawyer

“We are very excited since we’ve been waiting almost eight years for this,” Meyiwa said.

She said they were sure that the right people were in custody.

“Everyone pleads not guilty when they are guilty, so we are not worried about their pleads,” she added.

Meyiwa said the family had mixed emotions about the witnesses.

“We can’t wait to see those faces,” she said.

Removing Moonsamy could impact case

In the gallery, a strategist who agreed to speak anonymously said he wasn’t impressed with how the case was going.

The strategist said he attends many high-profile cases to study the case articulation.

He said if Nel represented the case it would have been solved by now. 

“Removing Khumalo’s lawyer was legally right, but it could impair the outcome,” he said.

The strategist said Khumalo’s lawyer was in court to ensure she doesn’t incriminate herself in anything posed against her.

marizkac@citizen.co.za