Muzikawukhulelwa Sibiya, the accused number one in the Senzo Meyiwa murder trial, has dismissed his attorney, Sipho Ramosepele.
Sibiya’s decision comes amid a flurry of legal manoeuvres as the defence challenges the admissibility of confession statements allegedly made by Sibiya and accused number two, Bongani Ntanzi, respectively.
Advocate Thulani Mngomezulu, who will continue to represent Sibiya, revealed in court that the Legal Aid Board had decided not to pay him for his work on the trial within a trial.
However, Sibiya’s family has indicated that they will privately retain Mngomezulu’s services.
The proceedings
The trial, which was postponed in February, was expected to resume on Monday for closing arguments in the trial within a trial; however, it has been postponed until Wednesday.
The court heard that Sibiya has instructed Mngomezulu to reopen the defence’s case and call to the stand three more witnesses by subpoena.
These witnesses, notably officers from the South African Police Service, include Colonel Leshabane, General Sibiya, and Warrant Officer Makhubo.
“My Lord, I am not finished with my heads. Prior to that, there was a discussion with Mr Sibiya that there were certain witnesses he wanted to call,” Mngomezulu said.
“He instructed me that I must bring an application to re-open the defence case on his behalf and call those witnesses.”
State advocate George Baloyi expressed dissatisfaction with this development, questioning the relevance of these witnesses whose names had not been previously mentioned in the trial.
However, the other defence lawyers have acceded to Sibiya’s request.
Court grants postponement
Advocate Zandile Mshololo, representing accused number five, requested for the witnesses to be called in the main trial; however, she acknowledged that it is Sibiya’s prerogative to decide when they call the witnesses.
Judge Ratha Mokgoatlheng also acceded to the request and granted a postponement to allow Mngomezulu to consult with the proposed witnesses and prepare his argument.
The crux of the defence’s case revolves around the alleged torture and coercion of both accused into signing confession statements.
Sibiya and Ntanzi claim they were assaulted, with Ntanzi specifically alleging he was choked with a plastic bag, which resulted in him signing the statement to protect his life.
Previously, lead investigator Brigadier Bongani Gininda denied these allegations, asserting that both suspects provided statements freely and voluntarily.
However, the defence challenged this narrative, pointing to inconsistencies and alleging fabrication on the part of the prosecution.
During cross-examination, state prosecutor Ronnie Sibanda accused Sibiya of fabricating his testimony, highlighting contradictions between his account and the evidence presented by the prosecution.
Kelly Khumalo implicated
The trial has also unearthed startling revelations, with Gininda implicating other individuals, including singer Kelly Khumalo.
Gininda described Meyiwa’s murder as a contractual assassination and refuted the initial theory of a robbery gone wrong.
Meyiwa was shot and killed at the home of his then-girlfriend, Khumalo, in October 2014.
The court has heard that two intruders invaded the Khumalo home in Vosloorus on that fateful night, leading to a scuffle between the occupants of the house and the intruders, and the killing of Meyiwa.
Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli are being tried for the murder. They have all entered pleas of not guilty.
