Senzo Meyiwa murder accused seek to have charges dropped as state closes case

It was an eventful day in the Gauteng High Court in Pretoria on Thursday, as the defence in the Senzo Meyiwa murder trial revealed that the accused intend to apply for their charges to be dropped.

Proceedings resumed with officials from the Department of Correctional Services appearing before Judge Ratha Mokgoatlheng to address his earlier ruling regarding accused number five, Fisokuhle Ntuli.

The judge granted on Wednesday an order for Ntuli to be transferred to Leeuwkop Correctional Centre in Sandton following allegations of mistreatment.

Ntuli had claimed he was being ill-treated at the Kgosi Mampuru II Correctional Centre in Pretoria, where he was being held.

He alleged that he was denied access to his legal representative, his family, and basic necessities.

A correctional services official contended that Ntuli had been moved to the facility’s C-Max section after being allegedly found with a cellphone during a raid on 8 July.

Ntuli, however, denied the accusation.

His lawyer, Zandile Mshololo, argued that her client’s constitutional rights were being violated.

Senzo Meyiwa murder trial: Prison authorities in court

During Thursday’s proceedings, a delegation from Kgosi Mampuru Prison appeared to address the matter surrounding Ntuli’s allegations.

Mokgoatlheng voiced his frustration about repeated delays in the trial due to late arrivals.

“My job is to see that this case starts on time,” he said.

“Even today, people came late. It happens every other time,” he added.

The area commissioner of the prison, Emmanuel Khoza, acknowledged the delays and said he had personally intervened to resolve them, including a recent dispute over shackles used on two of the accused.

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Khoza accused Ntuli of providing “false information” and told Mokgoatlheng that the ruling had weakened the facility’s management of its authority.

“We are trying our level best to come up with interventions, and once we receive orders that disempower us, we feel restless,” he said.

Khoza warned that an appeal against the court’s decision could affect the trial.

“We are very sensitive about all these things, and we want to apologise for all these shenanigans that have taken place.

“We commit ourselves to making sure there’s a smooth running of this court,” he said.

Transfer stands

Meanwhile, Ntuli’s lawyer, Zandile Mshololo, emphasised that the judge’s order regarding her client’s transfer “cannot be rescinded”.

Her stance was supported by Charles Mnisi, representing accused number three, Mthobisi Mncube.

“In terms of Section 173 of the constitution, the court has got an inherent power to regulate its own processes,” Mnisi stated.

He added that the order was essential to ensure the “smooth running of this trial”, especially in light of delays.

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“Since Monday, the court has almost been starting at 11am because the other accused are not here.

“We only [heard] yesterday when this issue was ventilated in court that part of the delays is because these accused persons are being treated in a way that they are not supposed to be treated, so they are basically venting out their frustration.”

Mnisi informed Khoza to formally challenge the ruling through legal channels.

“You cannot come here and say ‘we are not happy with the decision of the court, so we, therefore, want this decision to be changed.’”

Mokgoatlheng stressed that the order for Ntuli’s transfer would remain in effect.

“You can bring an application for a rescission,” he told Khoza.

Senzo Meyiwa murder accused seek trial discharge

After resolving the prison-related matters, prosecutor George Baloyi closed the state’s case.

“It is precisely three years since the state started leading evidence, we formally close the case,” he said.

With the state having closed its case, attention shifted to the defence.

Each of the accused may choose to testify, call witnesses to argue that the prosecution has not proven its case.

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However, defence attorneys disclosed that they have been instructed to file an application to have the charges dropped under Section 174 of the Criminal Procedure Act.

Mnisi informed the judge that discussions would be held with the Legal Aid Board regarding funding for the application.

He requested a postponement, stating that the matter would be dealt with by the board on 6 August.

“[The decision] will be immediately communicated to us. I would therefore request that the matter be adjourned up until the 7th of August.”

Mokgoatlheng granted the postponement.

Five men on trial

Five accused — Ntuli, Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi and Mthokoziseni Maphisa — are on trial for Meyiwa’s murder.

The former Bafana Bafana captain and Orlando Pirates goalkeeper was fatally shot on 26 October 2014 while visiting his then-girlfriend, singer Kelly Khumalo, at her family’s home in Vosloorus, Ekurhuleni.

The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

The suspects have pleaded not guilty.

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