The Pretoria High Court resumed the murder trial of Senzo Meyiwa, the former Bafana Bafana goalkeeper, on Monday after weeks of recess and an inspection in loco, only to be met with a heated dispute over the use of cushions for inmates’ leg irons.
The trial, involving five accused, commenced with a Correctional Services officer informing the court that Mthobisi Mncube, one of the accused, refused to attend without a cushion to alleviate discomfort from his leg irons.
According to the officer, the issue stems from a directive by the area commissioner banning cushions for inmates, a decision prompted by a recent escape at Baviaanspoort prison, Pretoria.
The defence counsel for accused one and two, advocate Charles Mnisi, argued passionately that the absence of cushions caused Mncube significant pain, impairing his ability to focus and provide instructions.
Violation of human rights
“My client is in pain and cannot concentrate,” Mnisi told the court. “This directly affects his ability to meaningfully participate in his defence and give me instructions.”
Advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, echoed Mnisi’s concerns, describing the situation as a gross violation of their human rights.
“My client has been left traumatised by this ordeal, and we need clarity on how long this arrangement will persist,” she added.
State prosecutor Advocate George Baloyi responded by informing the court that they had reached an amicable solution.
“Correctional Services has agreed to reinstate the cushions in the interest of progress,” Baloyi stated.
He clarified that this decision, made at the highest level of Correctional Services, would remain in effect for the duration of the trial.
Accused’s constitutional rights
However, Mnisi pushed back, emphasising that the focus should not be on time but rather on upholding the constitutional rights of the accused.
“The premise shouldn’t be the interest of time but the constitutional rights of my client,” he said.
Mshololo further pressed for a timeline, noting her client’s distress. “We need an indication of the duration of this arrangement to provide some certainty,” she said.
However, the state indicated its intent to call two additional witnesses but sought confirmation from the defence on their readiness to proceed, given claims of their clients’ pain.
Presiding Judge Ratha Mokgoatlheng proposed an adjournment to allow further clarification on the issue.
“Let us adjourn until tomorrow to better understand the nature of this pain and ensure fairness,” Mokgoatlheng said.
The court is set to reconvene on Tuesday to address the ongoing concerns.
Meyiwa was shot and killed while visiting the home of his girlfriend, Afro-pop musician Kelly Khumalo, in Vosloorus, east of Johannesburg, on October 26, 2014.
