The Senzo Meyiwa murder trial at the high court in Pretoria has been postponed to Monday after defence advocate Timothy Thobane requested for an early adjournment.
Thobane, who represents accused number one to four, said he had been given an instruction by one of his clients and needs time to follow up on the instruction, noting that he will update the court with more details when the trial resumes.
A new witness is expected to take the stand on Monday after the state wrapped up the cross-examination of Tumelo Madlala on Friday. Meanwhile, Madlala has been instructed to refrain from being in contact with potential witnesses until they have testified.
Madlala is Meyiwa’s then-best friend and was present when the Bafana Bafana and Orlando Pirates goalkeeper was killed at the home of his then-girlfriend Kelly Khumalo in Vosloorus, on the east of Johannesburg on October 26 2014.
Damning evidence has emerged since he took the stand in September. He was confronted with questions that took him back to the day of the murder, even shedding tears at some point during his testimony.
Madlala’s testimony: What happened to Meyiwa?
According to Madlala’s initial testimony, Meyiwa was shot and killed by an intruder. He told the court in September that Meyiwa invited him to Kelly’s home, where they watched a match between Chelsea and Manchester United.
However, the night ended in sorrow after two intruders went into the house carrying a firearm and demanded cellphones and money.
Kelly, her sister Zandie, their mother Gladness, Longwe Twala, and Meyiwa’s other friend Mthokozisi Twala were also in the house when the alleged intruders pounced.
Describing the intruder, Madlala said he was short with big eyes and dreadlocks, adding that he wore a “brown or caramel” jacket.
“He was short and had big eyes. That’s all I can remember. He didn’t say a lot. He asked for phones and money. He spoke in isiZulu,” Madlala said in his testimony.
The court heard that Longwe pushed the intruder, allowing other people in the house to escape and hide. He added that he noticed a second man, who Meyiwa had pressed against the wall.
That is the second intruder whom he described as a tall and dark man before he could recognise him in court.
“Senzo was holding the hand of the tall guy and pressing him against the wall. My intention was to get out of the house. When I got there [by Meyiwa’s side], I hit the guy with a fist here [pointing to the left side of his face.] While I was there, a shot went off.” he testified.
During the skirmishes, Kelly and Zandie, who were in the kitchen, were attacking the first suspect with a crutch, which belonged to Madlala.
Madlala told the court that when he heard the gunshot, he rushed to one of the bedrooms. He later heard people talking elsewhere in the house, but realised that he had been locked inside the bedroom.
He said Mthokozisi opened for him using a spoon and he proceeded to the dining room where he found Meyiwa lying down on the floor near the TV stand.
“When I came out of the bedroom, I could hear everyone calling Senzo’s name. I went into the sitting room and I saw Senzo lying between the couch and the TV stand. He was lying there,” said Madlala, pointing to a picture that was displayed in the courtroom.
“I don’t know if Senzo was hiding, judging by the way he was lying on the floor.”
The defence examined and criticised Madlala’s testimony before poking holes where he seemed to be slacking.
During the proceedings, Madlala was described as an “elusive” and “selective” witness, after he failed to remember some of the details pertinent to the shooting.
The accused
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli stand accused of Meyiwa’s murder. They have pleaded not guilty.
However, Madlala insists that accused number two, Ntanzi, has a case to answer.
In September, Madlala singled out Ntanzi as the second intruder whom Meyiwa held up against the wall while trying to defend the people in the house.
He said he could not testify when he first arrived in court because he was frightened after seeing the intruders, telling the court that it was the first time “he is seeing them like this”.
He further said: “I don’t care about people, what I am doing is for Senzo, not anyone else. If it happens that you have seen someone before and you see that person again, it will not be difficult to point the person out. I wouldn’t lie in a case like this.”
When the proceedings resumed in November, Thobane gave an account of where his clients were at the time Meyiwa was killed and asked for Madlala’s response.
Thobane, who said his clients were in prison at the time, alleged that Ntanzi was offered money to take the fall for the crime, but he rejected the offer. He also argued that Ntanzi was in KwaZulu-Natal at the time of the murder, adding that there are bank records that can substantiate the evidence.
However, Madlala maintained that Ntanzi, whom he only recognised when he made his first appearance in court, was at the house when Meyiwa was killed.
It also emerged in court that Madlala does not recognise accused number four and five. After the defence asked about these two men, respectively, Madlala responded with a similar response, saying he does not know them and does not know the reason for their presence in court.
“I don’t know him, I have never seen him before,” Madlala responded when asked about accused number four. With regards to accused number five, he said: “I don’t know him, I don’t know why he is here.”
Madlala’s friendship with Meyiwa
Zandile Mshololo, defence advocate for accused number five, painted a questionable picture of Madlala on Wednesday, after the court heard that he sold Meyiwa’s pictures.
Since the trial resumed on Monday, Madlala has refused to reveal the exact amount he received from streaming service Netflix for his participation in the Senzo: Murder Of A Soccer Star documentary.
Mshololo pressed him on what he did with the money he pocketed.
The court heard that Madlala, who claims to be Meyiwa’s best friend, marginalised the Meyiwa family after benefiting from the documentary.
Mshololo asked if Madlala did anything for his best friend’s family, and he smugly said no, because the money was his, adding that the content he provided for the documentary belonged to him.
Mshololo asked him specifically about Meyiwa’s mother, wife and child. With regards to the mother, Madlala tried to cover up his act with the notion that they were not on speaking terms. He further told the court that Meyiwa’s wife, Mandisa Mkhize, is the one who has to take care of the late soccer star’s child, not him.
Responded Madlala: “I don’t think I was supposed to do that, it was my money.”
The court proceeded to assess if Madlala has even a bit of Ubuntu in him, to which he contradicted himself.
Judge Tshifiwa Maumela asked: “Is Senzo’s child not your child as an African?” Madlala said yes, although he still did not see the need to share the proceeds of the documentary with his best friend’s child.
“Would Senzo’s child not fall in that category [African belief that your friend’s/neighbour’s child is also yours]?” Madlala responded saying “that’s correct”.
“So you decided not to give that poor child a cent,” Mshololo asked.
“No I didn’t,” he answered, sharing that he did not share the money with anyone, including his own family.
According to Mshololo, Madlala was only a good friend to Meyiwa when he was still alive, and then stopped after he was shot and killed. She added that Madlala’s behaviour after the death of his best friend is “shocking”, to say the least.
For details about the trial, read: Senzo Meyiwa murder trial resumes at Pretoria High Court
Could the five men accused of killing Meyiwa walk free?
Madlala denies fight erupted between Zandie and Longwe
Tumelo Madlala is real epitome of a fake friend, court hears
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