The trial will resume in October.
The Senzo Meyiwa murder trial has once more been delayed, despite a two-week period meant to allow the defence time to consult its witnesses.
Proceedings resumed on Monday in the Gauteng High Court in Pretoria, where the defence had been expected to begin presenting its case.
This follows the dismissal on 2 September of accused number four, Mthokoziseni Maphisa’s section 174 application, which sought to have his charges dropped.
The state had closed its case in July.
With the prosecution having wrapped up, the focus has now shifted to the defence.
Each of the accused may either testify or call witnesses in an effort to challenge the state’s evidence.
Senzo Meyiwa murder trial resumes
On Monday, prosecutor George Baloyi told the court that the state had provided the defence with the contact details of certain witnesses at the request of the accused’s lawyers.
Baloyi explained that on 17 September, the prosecution sought confirmation from the defence about witness contact and readiness for Monday, but received no reply.
“So my Lord, we are completely in the dark as to what would be happening today,” he said.
Advocate Charles Mnisi, who represents accused one Muzikawukhulelwa Sibiya and accused three Mthobisi Mncube, told the court that the defence intended to call witnesses who had not testified for the state.
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However, he faced difficulties locating and securing their attendance.
“Those witnesses, according to information I’m getting from Mr Sibiya and Mncube, are scattered all over the show.
“I have been from pillar to post and unfortunately, despite my fervent efforts to squeeze everything so that today there might be something happening, I have not been successful in doing that,” he said.
Mnisi added that he had not yet concluded his consultations with Sibiya and Mncube.
“After having to consult with those witnesses, I need to go consult with accused one and three again just to give a summary of what those witnesses are saying.”
Watch the trial below:
He, therefore, asked the court for more time.
“It is a very uncomplicated issue, so I’m standing up to make an application for a further postponement of this matter so that I can wind up the preparation of accused one and three’s case for its commencement.
“I’m simply trying to avoid a situation where we start their case and in the middle of the trial, I say, may I be given at least a month to go and consult.
“I don’t think that will be a good thing to do; otherwise, I’ll be looked at like somebody who is building a house that’s got no foundation,” Mnisi said.
‘Witnesses are available on different dates’
Attorney Sipho Ramosepele, representing the second accused, Bongani Ntanzi, also requested a postponement, stating that his consultations were not complete.
He told the court he had been travelling across North West, Gauteng and Mpumalanga to meet witnesses, with additional meetings still scheduled this week.
“We have got three more consultations after the midweek holiday,” Ramosepele said.
The lawyers for accused four, Mthokoziseni Maphisa, and accused five, Fisokuhle Ntuli — Zithulele Nxumalo and Zandile Mshololo, respectively, also cited similar difficulties.
“Mr Maphisa is going to take the stand, he is going to testify in his defence, however, there are a few witnesses that I still need to consult with,” Nxumalo said.
“I discovered that the witnesses are available on different dates because of their work and health commitments,” Mshololo told the court.
Baloyi, speaking for the state, said it would not oppose the postponement, acknowledging the defence’s right to prepare its case.
After a brief adjournment, Judge Ratha Mokgoatlheng granted the defence’s request.
The trial is now expected to resume on 13 October.
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