In a long-awaited development, the second trial for the murder of South African soccer player Senzo Meyiwa, has finally begun.
However, the proceedings got off to a slow start due to unexpected delays and administrative issues.
Initially scheduled to commence on Monday, the trial was postponed by newly-appointed presiding judge Ratha Mokgoatlheng after the defence advocates for the five accused requested additional time to convene a pre-trial conference with the state and sort out representation matters with Legal Aid South Africa.
During the proceedings on Monday, Mokgoatlheng enquired whether all the accused had received the charge sheet or an indictment.
As this is a fresh trial, the court needed to ensure that all the accused were properly served with the charges. He emphasized that the evidence from the previous trial would be nullified.
State prosecutor advocate George Baloyi read out the order that nullified the first trial, citing the ill-health of judge Tshifhiwa Maumela as the reason behind it.
Baloyi further explained that the matter needed to be adjourned to the following day to address various issues, including concerns regarding Legal Aid.
Aware of the need to proceed efficiently, Mokgoatlheng expressed his concern about wasting precious time, and stressed that the accused must enter their pleas before the trial could begin in earnest.
“We can’t waste a whole morning and afternoon,” said Mokgoatlheng.
“[The case is starting de novo] that is why you all have to replead. The case starts after you have pleaded.”
However, Sipho Ramosepele, the attorney representing accused number one and two, indicated that his clients were unable to enter their pleas.
Advocate Zandile Mshololo, representing accused number five, also stated that her client could not plead because she still needs to finalise certain legal documents with Legal Aid.
Mokgoatlheng then reminded the accused that due to the trial starting anew, they would have the opportunity to reapply for bail. However, he made it clear that any bail applications would be heard in a different court.
The five individuals accused in the murder case are Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa, and Fisokuhle Nkani Ntuli.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, and possession of firearms without a licence.
The trial is now expected to proceed after the accused have formally entered their pleas, allowing the court to move forward with presenting evidence and hearing testimonies.
The murder trial has attracted significant public attention since Meyiwa’s untimely death in 2014, and the resumption of trial brings hope that justice will finally be served for the beloved goalkeeper and his grieving family.
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