The taking to the stand of the fourth state witness in the Senzo Meyiwa trial has hit a snag. Accused 1 and 2 ditched attorney TT Thobane as their legal representative. Muzi Sibiya and Bongani Ntanzi are now represented by Attorney Sipho Ramosepele.
The court postponed proceedings to May 2 next year.
BREAKING NEWS: Counsels in the #SenzoMeyiwatrial have agreed that the case can be postponed the 2nd of May until the 26th of May, and then resume on the 5th of June until 15th of June. #SABCNews #SenzoMeyiwa pic.twitter.com/G999F7ZsdX
— Sipho King K Kekana (@KingKAzania) November 21, 2022
A new witness, one of the people who were in the house on the night former Orlando Pirates goalkeeper Senzo Meyiwa was shot and killed, was expected to take to the stand. This after the conclusion of the testimony by Meyiwa’s childhood friend, Tumelo Madlala, last week.
Court proceedings on Monday began with a meeting between the counsel and Judge Tshifhiwa Maumela in the chambers.
“I am appearing for accused 1 to 4 but there’s a new instruction for a new legal representation for accused 1 and 2,” attorney TT Thobane told the court immediately after the meeting, Advocate Zandile
“I do confirm my appearance for accused 1 to 2,” attorney Sipho Ramosele told the court.
“We were informed by the new developments this morning before 10,” confirmed Baloyi. “According to the information, as provided by Mr Thoband and Mr Ramosepele, and subject to confirmation by them, is that going forward Mr Ramosepele will be taking over representation for accused 1 and 2. He says he received direction instruction from the parents of accused 1. My lord these are matters beyond out control. Mr Ramosepele needs some time to acquaint himself with the record transcript of the case and the case dockets and Mr Thobane has also indicated there are discussions he would still like to have with the new legal representative for accused 1 and 2. We would request that we stand down for a while for these discussions to take place.”
Bongani Ntanzi has addressed the court saying TT Thobane should not feel hard-done-by following their decision, with Muzi Sibiya to get a new legal representation.#SABCNews #SenzoMeyiwaTrail #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) November 21, 2022
Ntanzi: There are issues we need to fix that originated in this court, especially in relation to being pointed out in court.#SABCNews #SenzoMeyiwatrail #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) November 21, 2022
Ramosepele says he could not inform the court earlier because he was only given the instruction to “inherit” the case for accused 1 on Thursday and that the matter related to accused 2 was only finalised on Saturday.
“We shall now adjourn for that,” says the judge.
It is the state’s case that on the night of 26 October 2014, two intruders allegedly stormed into Kelly Khumalo’s mother, Gladness’ house in Vosloorus where Meyiwa, Madlala, Gladness, Kelly, Zandi Khumalo, Longwe Twala, and Mthokozisi Thwala were sitting in the lounge watching TV. The alleged first intruder, who was short, had a hat on, had dreadlocks, and armed with a gun, is said to have demanded cellphones and money. This was moments before he was pushed over by Longwe Twala as he (Longwe) ran out of the house just before a commotion ensued in the house in the presence of the second alleged intruder before a shot that killed Meyiwa went off.
Last week saw new versions of what could have transpired moments leading up to the shooting and killing Meyiwa make their way to court.
During the cross-examination of Madlala, on Thursday afternoon, Advocate Zandile Mshololo, for accused 5, brought up statements from other people who had a different version of what happened inside Kelly Khumalo’s house on 26 October 2014.
Meyiwa’s brother-in-law, Mlungisi Hlophe, has deposed a statement in which he mentions that on the day of Meyiwa’s killing he made a call to Madlala, who, on the day, gave him a different version to what Madlala has now said in court.
In the statement, Hlophe says Madlala, during the call after the shooting, told him that “there was a fight in the house. Zandi and her boyfriend, Longwe, were fighting and Senzo was trying to separate them”.
Hlophe stated, in the statement read out in court, that he didn’t know at the time who Zandi was and that Madlala told him she was Kelly’s sister.
Madlala has denied this version, also denying that he ever spoke to Hlophe after the incident, saying his call records could be investigated to verify this.
Hlophe’s statement was only made in 2019, almost five years after the incident when Colonel Buthelezi got involved in the case leading to the opening of Vosloorus CAS 375/1/2019 which cited all the people who were in the house as possible witnesses.
Madlala has questioned by Hlophe only made the statement almost five years later.
Advocate Mshololo has further brought up a statement by neighbour, Khaya Ngcatshe, who also deposed a statement that moments before Meyiwa was shot, he had heard a commotion and noise coming from the Khumalo household, which he initially misinterpreted as people just partying. However, Ngcatshe, in the statement read out in court, says the commotion continued, prompting him to stand up and peep through his bedroom window into Kelly’s home.
Ngcatshe, in the statement, says it was at this point that he saw someone wearing a white t-shirt with his back against the kitchen door inside the Khumalo house and then a shot went off.
Madlala has denied there is any truth to these statements, attributing them to Colonel Buthelezi, whom he accused of pushing an agenda and having created confusion in the case.
Mshololo concluded her cross-examination giving way to state advocate George Baloyi’s re-examination, which he is expected to wrap up on Friday before the state’s fourth witness is called to the stand next week.
A new witness is expected to take to the stand when the court resumes.
The current leg of the trial was scheduled to continue until the 2nd of December before it would then likely go on a five-month-long adjournment, resuming in May 2023. With the unavailability of Ramosepele next week, proceedings will only resume on 2 May.
