A new witness from the Legal Practice Council took the stand in the Senzo Meyiwa murder trial at the Pretoria High Court on Monday.
This occurred after advocate Charles Mnisi requested to halt the cross-examination of lead investigator Brigadier Bongani Gininda on Friday, citing the need to verify details about the vehicles used in the arrests of all the accused before they are made available to the court.
Mnisi, who is representing two suspects, Muzi Sibiya and Mthokozisi Ncube, emphasised the importance of transparency in the prosecution’s case.
“We are entitled, as the defence and particularly these accused persons, to know what were the facts upon which the state decided to indict them to come and stand trial before this court,” said Mnisi.
Mjiyako’s legal status
After a slight delay, the state, led by advocate George Baloyi, told the court that there was miscommunication about one of the accused’s transportation.
“Advocate Mnisi indicated he wants Constable Sizwe Zungu recalled. We are ready to argue in the matter. We oppose the application,” said Baloyi.
“But perhaps it should wait for all the documents which were requested. The debate about the application should halt while we obtain the requested documents.”
On May 5, 2020, Khulani Stanley Sambo from the Legal Practice Council received a document attesting to advocate Dominic Ntokozo Mjiyako’s legal status.
Mjiyako is a legal counsel who represented accused number two in the matter, Bongani Ntanzi, at his first appearance at the Boksburg magistrate’s court.
“Is it accurate that this is an affidavit?” asked Baloyi. Sambo agreed, claiming that the signature on it is his.
“I deposited it, and my job as a legal officer is to focus on compliance for advocates and attorneys to get fidelity fund certificates for them, check their addresses, and update if need be,” he said.
Sambo said there is a letter from their office draughted in October 2023 addressed to Dr Sibanda that confirms that Mjiyako was admitted as an attorney in 2012 and granted permission to be converted to advocate in 2020.
His records show that he practises as an advocate without a trust account.
Accused never gave mandate
Advocate Sipho Ramosepele, who represents Ntanzi, told the court that his client never gave Mjiyako the mandate to represent him.
“We have never submitted that he was not an attorney, but Mjiyako can come and tell the court how he came to represent Ntanzi,” said Ramosepele.
The trial has faced significant setbacks, including the death of defence advocate Thulani Mngomezulu in December 2024, which led to a postponement until January 2025.
In what was first reported as a botched robbery, Meyiwa was shot dead on October 26, 2014, at the Vosloorus residence of singer Kelly Khumalo, his then-girlfriend.
The five accused – Sibiya, Bongani Sandiso Ntanzi, Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli – face charges of premeditated murder, attempted murder, armed robbery, and illegal possession of firearms and ammunition.
They have all pleaded not guilty. The trial continues on Tuesday.
