Advocate Charles Mnisi, the lawyer of accused number three in the Senzo Meyiwa murder trial, has accused the state of subjecting his client to “systematically lynching”.
Mnisi said his client is being kept in solitary confinement at Kgosi Mampuru II Correctional Centre in Pretoria.
This was heard during court proceedings at the Pretoria High Court on Friday.
Mnisi, defence lawyer for Mthobisi Prince Mncube, rose before the cross-examination of ballistic analyst Capt Malesela Ntini could begin. He told Judge Ratha Mokgoatlheng that Mncube is unhappy about being kept in solitary confinement at the prison.
“The confinement of Mr Mncube at Kgosi Mampuru is bugging me to an extent that I cannot concentrate on the business of the day, which is this trial.
Solitary confinement since 2020 angers lawyer
“Mr. Mncube is being held under solitary confinement since 2020. More than four years, without any reasonable justification…
“It is difficult for me to get instructions from Mncube because the state is systematically lynching him.
“The state is supposed to give an answer [on why Mncube is kept under solitary confinement] for such a long time. But they are ducking and diving. This is a Stalingrad approach…
“My client does not have money and cannot afford an attorney… He is subjected to gruesome conduct by the department of correctional services. I urge the court to find out what is happening. This has a negative effect on me focussing on this trial…,” said an enraged Mnisi.
He did not stop there.
“It is not in the interest of justice that in such a massive trial with massive allegations, my client is subjected to lynching.
Systematically lynched, psychologically damaged
“When he is held in solitary confinement, it has a damaging impact on him psychologically. It has a psychological impact on him. He is psychologically defeated, drained, and rendered vulnerable. He is supposed to follow this trial and formulate his defence. But he cannot do so when he is psychologically drained and systematically lynched.
“This affects me because each time I consult with him, he brings it [solitary confinement] up. I have to fight on two fronts. And I have to focus on the trial and try to sort out this issue by attending to Department of Correctional Services (DCS). I implore the court to sincerely call correctional services to court to explain themselves. Their shenanigans should be investigated and cannot continue unabated,” said Mnisi.
Defence demands answers, threatens to take action
Mnisi said if the DCS fails to come to court and provide clarity on the situation, he will take action. This means he will take a week or two from the court’s time to attend to Mncube’s plight. He said he will bring a court application to compel the DCS to provide reasons why Mncube is kept under in solitary confinement. Thereafter he will bring an urgent application to challenge the reasons.
State prosecutor Advocate George Baloyi said the head of the C-MAX prison section gave him the reason. He said Mncube is kept under solitary confinement due to “security issues”.
Mokgoatlheng said he will call his “friend” to attend to the matter. The friend is retired Judge Edwin Cameron. He is the head of the Judicial Inspectorate for Correctional Services.
“Judge Cameron is a friend of mine, I will phone him and invite him to this court. I will ask him to determine whether this [solitary confinement] complies with the law,” he said.
Mokgoatlheng said he will provide an update to the court when the trial resumes on October 7, 2024. Today was the last sitting for the trial in the third term.
Ballistic expert to continue testimony when trial resumes
Meanwhile, Ntini was cross-examined by lawyers for accused numbers one and two. Mnisi said he will commence his cross-examination of Ntini when the matter resumes next month.
Ntini is one of the ballistic analysts who confirmed Lt-Col Christian Mangena’s findings under a microscope.
Mangena testified in August last year, wherein he spoke on the 9mm gun that was found on Mncube. It was found on him when he was arrested in 2015 for a separate matter. Mangena said it is the same gun that killed Meyiwa.
He testified that he was able to determine this after examining the projectile found on the kitchen counter. This at the crime scene, and by testing bullets fired from the gun found in Mncube’s possession.
Meyiwa, the former Bafana Bafana and Orlando Pirates goalkeeper, was shot and killed in Vosloorus, on the East Rand. This happened at the house of the mother of his then girlfriend, singer Kelly Khumalo, on October 26, 2014.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are all accused. They face charges of premeditated murder, attempted murder, robbery with aggravating circumstances. Also possession of firearms without a licence and possession of ammunition.
They have pleaded not guilty to all the charges.
