Kelly Khumalo’s lawyer’s application to be allowed back in court rejected again

The North Gauteng High Court in Pretoria has rejected singer Kelly Khumalo’s latest bid to have her lawyer admitted as part of a watching brief in the trial against the five men accused of killing former Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa.

Senzo Meyiwa murder trial

Magdalene Moonsamy, Khumalo’s lawyer, applied to be allowed back in court as the watching brief after she was excused from trial proceedings in April, by presiding Judge Tshifhiwa Maumela.

In a letter dated 1 November 2022, Moonsamy not only requested to be admitted as Khumalo’s watching brief, but she also wanted access to copies of the case dockets and transcripts of the trial.

However, the state and defence for the accused objected to her application, arguing that her presence in court would compromise the murder trial.

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Moonsamy was appointed by Khumalo on a watching brief when the trial began earlier this year.

But Judge Maumela excused Moonsamy after the state and defence raised concerns about her presence in court due to the possibility of Khumalo being called as a witness in the trial.

At the time, Moonsamy objected to her recusal, arguing that her removal from court would prejudice her client.

Judge sticks by original ruling

On Monday, Judge Maumela said he would not make another ruling on Moonsamy’s latest request.

He said he would stick to his original ruling barring Moonsamy from attending trial proceedings because she did not make any new submissions to the court.

“In this matter, there is a ruling in place. I don’t intend to make another ruling…

“The ruling that has already been made in this matter, which still stands, is going to be abided by all of us in this case,” Judge Maumela said.

Cross-examination

Meyiwa’s childhood friend, Tumelo Madlala, is expected to be cross-examined on Monday, by defence attorney Tshepo Thobane and Advocate Zandile Mshololo.

Madlala is the state’s third witness in the high-profile murder trial. Thobane represents accused number one to four, while Advocate Mshololo represents accused number five, Sifisokuhle Ntuli.

Madlala was among the seven people who were inside the house belonging to Khumalo’s mother in Vosloorus, Ekurhuleni, when Meyiwa was fatally shot during an alleged robbery on 26 October 2014.

At the time of his death, Meyiwa and Khumalo were lovers while he was still married to his wife, Mandisa.

Bongani Sandiso Ntanzi, Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa are facing a string of charges – including murder, attempted murder, robbery with aggravating circumstance and possession of firearms without a licence and possession of ammunition – in connection with Meyiwa’s killing.

The group has pleaded not guilty to the charges against them, and they remain behind bars.

Last month, Gauteng deputy judge president Aubrey Ledwaba reserved judgment on Ntanzi’s bail application.

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