Deputy Judge President Aubrey Ledwaba has announced that Presiding Judge Tshifiwa Maumela is ill and might be away for a long time. The trial was set down from today until Thursday.
BREAKING
The trial has been postponed to July 17.
This as Deputy Judge President Aubrey Ledwaba announced that presiding Judge Tshifiwa Maumela is ill and might be away for a long time.‘We will make arrangements for the trial to continue’#SABCNews
— Chriselda Zozi Lewis (Babes Wendaba) (@Chriseldalewis) June 12, 2023
Earlier, ahead of the much-anticipated resumption of the trial, where state witness Zandile Khumalo was scheduled to begin testifying, State Advocate George Baloyi stated that this was owing to Judge Maumela’s health.
“So, we will sit down and see how we can proceed. He might not be available to continue with the case because of health reasons. So we are going to sit down and (map) the way forward.”
BREAKING:
Judge Tshifhiwa Maumela may be off the #SenzoMeyiwatrial permanently “for health reasons”. This was announced by State Advocate George Baloyi at the North Gauteng High Court in Pretoria this morning.
#SABCNews #SenzoMeyiwa pic.twitter.com/BaFlqj0dJk— Sipho King K Kekana (@KingKAzania) June 12, 2023
Livestream:
According to Baloyi, all the witnesses that have already given evidence may need to be recalled to clarify issues that may not be clear as and when they continue under a different judge.
A change in the presiding officer would leave Advocate Zandile Mshololo and Baloyi as the only counsels who were part of the proceedings from the onset. This after Attorney Sipho Ramosepele, Advocate Charles Mnisi and Advocate Zithulele Nxumalo replaced Attorney Tshepo Thobane for accused 1 to 4 earlier in the trial.
Thobane had also been ditched by his partner, Advocate Malesela Teffo who has since been disbarred.
Deputy Judge Aubrey Ledwaba is expected to announce the postponement of the trial and the official status of Judge Maumela in the trial.
State witness
State witness Zandile Khumalo, who was in the house the night the former Orlando Pirates keeper was shot and killed, was expected to continue details of what exactly happened the night he was shot.
She told the North Gauteng High Court in Pretoria that she could not, among the five accused in court, see the alleged first intruder who entered the house with a gun.
Khumalo pointed out accused No. 2, Bongani Ntanzi, as the alleged taller intruder who came behind the alleged first intruder who had a gun.
However, in reference to the alleged first intruder, Khumalo kept referring to him as the “first suspect” which prompted Judge Maumela to ask, which among the accused is the first suspect she was referring to.
“The first suspect, I can’t see him here in court,” responded Khumalo.
Khumalo is the third witness who was in the house the night Meyiwa was murdered, to appear before the North Gauteng High Court after two of Meyiwa’s friends, Tumelo Madlala and Mthokozisi Thwala, testified.
To this day, none of them has pointed out any of the accused as the gunman wearing a hat, spotting dreadlocks, who entered the house and demanded cellphones and money.
Madlala was the only witness who came close to naming accused No. 3 Mthobisi Mncube as the alleged first intruder under cross-examination by the former legal representative for accused 1 to 4, attorney TT Thobane.
Interrogating Madlala on Mncube, asking Madlala on which hand the first intruder had the gun when he stormed into the house wearing a scotch hat and a brown or caramel jacket.
Madlala at the time responded, “I think on his right hand.”
Thobane then put it to Madlala that Mncube was left-handed, to which Madlala responded, “I don’t know about that.”
However, when it was put to Madlala that on the day of the shooting the 38-year-old Ncube, who’s currently serving 35 years for a different crime, didn’t have dreadlocks, Madlala disputed this, “Those are lies.”
This was never taken forward.
It has now been on two occasions that a witness did a dock identification of the alleged second intruder who allegedly entered the house on 26 October 2014, but the court is yet to hear, who of the five accused could have been the alleged first intruder with the gun.
Thwala in his testimony would not link any of the accused to the crime that took place at the Khumalo household on that night.
Under cross-examination by Advocate Zandile Mshololo, Thwala told the court that his description of the intruders, which informed the drawing of the identikit of the alleged intruders, had not led to the arrest of anyone even though it could still be useful in the future.
That was the second time Thwala had made a veiled direct reference to the accused and his position on them. The first time was under cross-examination by Advocate Zithulele Nxumalo, when he was asked, “Is it true that you have not said anything about accused 4’s involvement in the crime?”
In response, Thwala, said, “I have not said anything about anyone’s involvement.”
In 2020, Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli were charged with Meyiwa’s murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition.
They have pleaded not guilty to the charges.
