The National Prosecuting Authority (NPA) has confirmed that it did not make a decision on the second docket implicating singer Kelly Khumalo in the murder of former Bafana Bafana captain, Senzo Meyiwa, because the document had no merit.
Senzo Meyiwa murder trial
This was confirmed in the Pretoria High Court on Monday in a letter provided to the state and defence by the Director of Public Prosecutions (DPP) in the South Gauteng division.
The second docket took centre stage last week after advocate Zandile Mshololo asked for the postponement of the trial in order to determine the status quo of the docket from the NPA.
Advocate Mshololo represents one of the five men standing trial for the murder of the soccer star in October 2014.
The infamous second docket, known as case 375, allegedly recommended that Khumalo and six other people be charged with murder and defeating the ends of justice for Meyiwa’s murder, after she accidentally shot him.
During court proceedings on Monday, advocate Mshololo read the letter from the DPP confirming the existence of docket 375.
The letter revealed that the second docket was considered as an “internal opinion” from a junior state advocate that was found to have no merit.
“The alleged document does not have any status and as such it was an internal opinion from a junior state advocate, which was without merit,” advocate Mshololo said, reading from the letter.
Earlier, state prosecutor George Baloyi argued that the defence could not claim it was not aware of the second docket, as it was made aware of the document in January this year.
He said advocate Mshololo mentioned the docket during court proceedings when the five accused pleaded not guilty to the charges against them on 22 April 2022.
“It is not as if this docket mysteriously surfaced now,” Baloyi said.
He said the state and advocate Mshololo only received copies of the document last Wednesday, but advocate Malesela Teffo had access to it prior. Advocate Teffo represents four of the five accused.
State accused of lying
Advocate Mshololo denied she became aware of the second docket in April and accused the state of lying to the court.
Mshololo insisted that her client, Sifisokuhle Ntuli, was being prejudiced by the late disclosure of the document.
“When the trial started, the state did not disclose to me the existence of this docket. And now the state is lying to say I said to this court I knew about this second docket,” she said.
Ntuli and his co-accused – Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, and Mthokoziseni Ziphozonke Maphisa – face a string of charges over Meyiwa’s murder on 26 October in 2014.
The trial continues.