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Unavailability of witness ‘warrants preparation’, says judge as Senzo Meyiwa trial postponed
The trial is set to resume in the Pretoria High Court on Tuesday.
Accused in the Senzo Meyiwa murder trial appearing in the Pretoria High Court on 12 April 2022. Picture: Jacques Nelles
The trial against five men accused of killing former Bafana Bafana goalkeeper, Senzo Meyiwa has been postponed to Tuesday due to unavailability of a witness.
Five people – Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Ntuli – face a string of charges over Meyiwa’s murder, which took place in October 2014.
Postponement
‘Circumstances beyond the control of the state’
As the trial resumed in the Pretoria High Court on Monday morning, the state asked Judge Tshifhiwa Maumela for a postponement.
State prosecutor, George Baloyi, explained that the witness who was suppose to testify could not secure a flight to Gauteng on time, while the interpreter in the trial was unwell although he was available.
The prosecutor said the witness can only arrive in Pretoria on Monday afternoon.
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“We did arrange for a replacement witness and I was informed only this morning that this witness asked that we should reschedule his evidence. That is the reason why the case cannot proceed today. We submit that it is not any fault on the state’s case [and] we submit that it’s due to circumstances beyond the control of the state,” Baloyi said.
The lawyer for accused number one to four, Tshepo Thobane, however, criticised the state for the delays.
“We still contend that the state is the driver of the proceedings. At all times, it will remain the fault of the state if we don’t proceed today. The state should have known before today that if this witness is not available [then] they have to get another witness,” Thobane told the court.
‘Warrants preparation’
Advocate Zandile Mshololo, the lawyer for Ntuli, opposed the postponement.
“It is unacceptable that the court can adjourned and not proceed because the witness is coming from Durban. If there is a problem with this one witness who is from Durban, there is a list of witnesses who are still supposed to testify and they are all from Johannesburg.
“The state has indicated that it is moving to the area of evidence for witnesses that were inside the house and they are all available,” she said.
After hearing all the submissions, Judge Maumela said he was of the view that “the issue of a witness from afar warrants preparation”.
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“Because of the nature of this case, I think we should have alternatives all the way so that this case flows.
“At the end of the day, I grant the application to postpone overnight. However, I reiterate in future, we should do our all to avoid this even if we can insert in a witness in between because everything is recorded. It will be clear on the record where the witness featured,” the judge said.
Meanwhile, Meyiwa’s sister – Nomalanga said the family was disappointed over the postponement as they were hoping to hear what happened to the late Orlando Pirates goalkeeper from those who were inside the house of Kelly Khumalo‘s mother in Vosloorus, where the footballer was shot on 26 October 2014.
Last week, the court heard testimony from forensic police sergeant, Thabo Mosia, who wrapped his testimony up and Sergeant Mlungisi Mthethwa, who was the first responder.
During the cross-examination, Mosia testified that the murder incident was reported to police only after four hours.
He also revealed that he left the crime scene to attend to two other separate crime scenes related to a business robbery and an arson case.
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