Mthokoziseni Maphisa, accused number four in the Senzo Meyiwa murder trial, has lost his bid to have the charges against him withdrawn.
Judge Ratha Mokgoatlheng delivered the ruling on Tuesday before the Pretoria High Court.
Mokgoatlheng said there is sufficient prima facie evidence to require Maphisa to answer in court.
“I cannot discharge my learned colleague of number four because there is evidence that a reasonable litigant has to confront,” Mokgoatlheng said.
Application limited in scope
The judge emphasised that the dismissal application’s scope was limited, neglecting to address crucial aspects of the case.
“This application is a limited application. When I read it, it is not based on the whole evidence. Nothing is said about other contentious issues.
“For instance, in this case, there was ballistic evidence; about four or five ballistic experts gave testimony. Cellphone experts also provided evidence, but this application says nothing about that,” he said.
Mokgoatlheng further clarified that even if Maphisa was not physically present with his co-accused during the commission of the crime, evidence linking him to the murder necessitates a response.
He pointed to the testimony of Constable Skhumbuzo Zungu, a key witness, who claimed he was invited to a party where he met the accused, and he shared food and liquor with them.
“In my view, that is critical evidence because it relates to living human beings, not a car or a bicycle. Zungu said he was with all the accused,” Mokgoatlheng stated.
Trip to Tops to buy booze
He highlighted details from Zungu’s testimony, including a trip to Tops at Spar to buy alcohol and photographs taken with the accused.
“If Zungu was not there, how did he know about the trip to Tops to buy alcohol and the pictures that he took with the accused?” Mokgoatlheng questioned.
He also referenced Zungu’s account of accused number one celebrating Meyiwa’s death before the news broke publicly.
“No one is saying that Zungu is a perfect witness, but look at what he said. He said while they were together, accused number one celebrated and asked, ‘have you heard? Senzo is no more’.
“He said this before it was announced in the media. Zungu checked his social media platforms but did not find anything.”
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