The Senzo Meyiwa murder trial is set to resume at the Pretoria High Court on Monday after several delays.
The trial came to a halt in June due to the emergence of the controversial second docket, followed by representation woes that saw accused number one to four without a legal counsel.
The controversy around the [second] docket 375
High court judge Tshifiwa Maumela resolved to postpone the trial after advocate Zandile Mshololo, who represents accused number five, asked for some time to get clarity on the existence of the second docket.
Mshololo, whose cross-examination of forensic police officer Thabo Mosia ended abruptly, argued that she needed to complete her cross-examination before the court could proceed with submissions pertaining to the second docket.
Mshololo said she wants clarity on whether a final decision had been made regarding docket 375 (second docket}. “I want this court to order the DPP [director of public prosecutions] [in] Gauteng to give us an answer,” she told the court.
She also wanted to know the status of those named in docket 375 and whether they would testify as suspect witnesses or accused witnesses.
Maumela adjourned the trial noting that if the rights of accused number five are undermined, the trial will be tainted.
“If the rights of accused one to four are undermined by granting [a] postponement, their right to a speedy trial will be affected. [However] there is more weight on the rights of accused five, the court grants the application for postponement,” said Maumela at the time.
The National Prosecuting Authority (NPA) poured cold water on the legitimacy of the controversial docket in August and advised that the DPP would divulge to the public its decision on the matter once the trial of the first and initial docket concludes.
NPA spokesperson Lumka Mahanjana said in a statement at the time: “DPP [Pretoria] has indicated that the decision in this docket will be taken after the conclusion of the current trial, as credibility findings that might have been made by the trial court against the witnesses who were in the house at the time of the incident will have to be taken into account.”
According to the corruption watchdog, the two officials who deposed the second docket in 2019, five years after Meyiwa was killed, were frustrated by the impasse and assumed that the people who were in the house at the time of the shooting were concealing evidence.
“Those police officers were apparently frustrated by the lack of progress in the investigation and probably thought that the six witnesses who were in the house when the incident happened were not truthful when they mentioned that the attackers intruded in the house.
“They apparently thought that the witnesses were concealing the truth about the identity of the killer of Mr. Meyiwa as such killer[s] could not be identified or found. A wrong suspect was also pointed out during an identification parade.
“However, a breakthrough came in May 2020 when the current accused were identified. So the initial suspicion that the two police officers had, were superseded by the identification of the suspects in this case in May 2020 and their subsequent arrest,” Mahanjana said.
The two dockets came under scrutiny during advocate Malesela Teffo’s cross-examination of Mosia in June.
Teffo insisted that the docket, which was deposed by Lt-Col Joyce Buthelezi and Warrant Officer Meshack Makhubo, listed seven witnesses found at the crime scene as suspects who should be charged with the murder of the late Orlando Pirates and Bafana Bafana goalkeeper.
Teffo told the court that according to the docket, Longwe Twala, Kelly Khumalo, her mother Gladness, and sister Zandi ought to have faced charges, adding that the gun that killed Meyiwa was brought to the house by Twala.
Teffo said the docket charged the accused with murder and defeating the ends of justice.
At the time, the NPA said the docket held no merit. The high court in Pretoria heard that the director of public prosecutions in the South Gauteng division never made a decision to charge the people who were at Khumalo’s mother’s house in Vosloorus, east of Johannesburg, where Meyiwa was shot dead on October 26 2014.
The NPA said the docket was an internal opinion by a junior advocate and the DPP maintains that the docket does not have any status.
“The alleged documents did not have any status, as such was an internal opinion from a junior state advocate which was without merit,” according to a letter from the NPA that was read out in court.
Representation woes in the kangaroo court
Teffo has been ousted as the defence counsel for accused number one to four of the five men accused of killing Meyiwa. According to media reports, TT Thobane has dissociated himself from Teffo and would be taking over his duties in court.
Teffo, who is seen as an “attention seeker” on social media, has been topping the Twitter trends board for his bustling character since the commencement of the trial.
In July, the defiant advocate returned to the case after a brief and dramatic withdrawal. Teffo said his withdrawal was a result of harassment from the state and the court. He told the court that he had been harassed by the police and the NPA, claiming that he was asked not to be part of the case.
“I deserve and demand respect from this court. I came here knowing what will be the consequences,” said Teffo when he announced his withdrawal, adding that he will return to his role as watching brief on behalf of the Meyiwa family.
Teffo accused Maumela of failing to acknowledge alleged human rights violations suffered by his former client and accused Maumela of subjecting him to harassment. He also implicated President Cyril Ramaphosa, saying he was the enabler of his intimidation. Ramaphosa refuted the allegations.
The Presidency said in a statement at the time: “The Presidency finds these unsubstantiated and baseless claims mischievous and harmful to the standing of the office of the president. The Presidency does not participate in criminal investigations or trials and is not involved in any perceived or actual harassment of advocate [Malesela] Teffo.
“As an officer of the court and a professional in the legal fraternity, advocate Teffo must appreciate the level of veracity that is necessary to support such claims about any institution or individual.
“The Presidency espouses the values of our constitution and cherishes the protection, safety, and justice for all.”
Currently, under docket 636 which was filed in 2014, Muzikawukhulelwa S’tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli are on trial for Meyiwa’s murder, which some believe was a robbery gone wrong.
So far, Mosia is the only witness who has taken the stand and it is still not clear when the trial would end or how it will unfold notwithstanding the drama that accompanies every discovery.
Meanwhile, Teffo has opened a criminal case against singer Kelly, her lawyer Magdelene Moonsamy and EFF leader Julius Malema.
According to police spokesperson Mavela Masondo, the cases, which were opened at the Johannesburg Central police station and Brixton police station on Thursday, relate to defamation of character and crimen injuria.
“Police can confirm that cases of crimen injuria have been opened at the Johannesburg Central and Brixton police stations. Both cases are under investigation,” said Masondo on Friday.
Teffo has confirmed to Sunday World that he opened the cases. However, he would not divulge the details of his accusations yet. Moonsamy also confirmed that she had been contacted by the police about the case but maintained that she did not have all the details yet.
Also read: Controversial second docket in Meyiwa trial has no legitimacy – NPA
Representation woes delays Senzo Meyiwa murder trial
Teffo cites harassment as he withdraws from Senzo Meyiwa murder trial
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