“Not guilty!” This is how the five defendants in the Senzo Meyiwa trial pleaded in the North Gauteng High Court in Pretoria on Tuesday.
Charges
1st count – murder of #SenzoMeyiwa;
2nd count – attempted murder of Zandile Khumalo;
3rd count – Robbery with aggravating circumstances;
4th count – Unlawful possession of firearm, 9mm parabellum pistol;
5th count – Unlawful possession of ammunition.#SABCNews
— Sipho King K Kekana (@KingKAzania) July 18, 2023
The trial about the murder of the former Orlando Pirates goalkeeper, almost nine years ago, started from scratch on Monday with the new presiding officer, Judge Ratha Mokgoatlheng declaring all the evidence given under the now suspended Judge Tshifhiwa Maumela null and void.
However, the Monday proceedings were cut short and defense counsels had to resolve with Legal Aid as well as holding a pre-trial hearing, all of which have now been completed, paving the way to the commencement of the proceedings.
Accused
Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli were arrested in 2020 and charged with Meyiwa’s murder, attempted murder of Zandile Khumalo, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.
These charges have remained the same in the new trial before Judge Mokgoatlheng.
After a long delay to the start of the proceedings on Tuesday, punctuated by a meeting with the judge in the chambers, proceedings finally got under way after the accused signed their indictments.
However, proceedings hit another stumbling block when accused one, Muzi Sibiya, told the court he could not recall his lawyer, Sipho Ramosepele, explaining the issue of competent verdicts, in the sense that, in the event there may not be sufficient evidence on the murder charge, for instance, he could still be found guilty on a lesser charge, depending on the evidence led in court.
Court adjourns to allow defense to explain competent verdicts to the accused. These are well established in the field of criminal law, whereby an accused may be convicted on a lesser charge based on similar elements to that of the main charge. #SABCNews #SenzoMeyiwaTrial
— Sipho King K Kekana (@KingKAzania) July 18, 2023
Livestream:
Court resumed after the 20-minute break to continue with the verdicts. They all pleaded not guilty to all the charges brought against them.
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.
All the witnesses that gave testimonies under Maumela will have to be called, but it is not clear who will be the first witness to be called to the stand by the state.
