The murder trial against five men accused of killing the late Bafana Bafana goalie Senzo Meyiwa resumed before the Pretoria High Court on Monday.
This after a two-week recess.
When the proceedings commenced, the legal team representing Mthobisi Mncube, the third accused in the murder trial, claimed that their client had been detained in solitary confinement for longer than four years.
Advocate Charles Mnisi raised concern that his client was only given one hour outside his cell, and he requested the court to step in, claiming that the circumstances are having a detrimental effect on their client’s mental health.
Judge Ratha Mokgoatlheng said Mnisi should bring an application to court defining his client’s rights.
According to Mnisi, his client cannot take the solitary confinement anymore.
He added that his client wants the trial to stop while they bring that application to afford him an opportunity to contact his family for an attorney to bring that application for him.
“He is asking to be afforded an opportunity to get an attorney for that application. He is mentally drained in solitary confinement. And he is expected to formulate a defence. It’s unfair,” Mnisi said.
Accused cites lack of concentration
“My instruction is that he has been in solitary confinement since his arrest. He says his co-accused are not in solitary confinement for this case.
“He insists he can be allowed to go and attend to this situation. He says he cannot even concentrate in this case.”
Mokgoatlheng stated that he has never heard of a request for proceedings to be suspended for that reason.
“Perhaps we should apply for a separation of trial,” said Mnisi.
“He has been in solitary confinement for four years. I cannot act against his wishes.”
Mokgoatlheng responded: Then what happens to the evidence in this case to apply for a separation at this late stage?
“Let him bring an urgent application. There is nothing this court can do. That’s your only option.”
Meyiwa was shot and killed at the home of his then-girlfriend Kelly Khumalo in Vosloorus, east of Johannesburg, in 2014.
Mncube and his four co-accused have pleaded not guilty to Meyiwa’s murder.
