All the evidence that was led in the Senzo Meyiwa trial under Judge Tshifhiwa Maumela, has been declared “a nullity” and will not be considered as the trial starts from scratch under Judge Ratha Mokgoatlheng.
The #SenzoMeyiwatrial is starting from scratch!#SABCNews #SenzoMeyiwatrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) July 17, 2023
The judge, who previously played as a striker for Orlando Pirates and Kaizer Chiefs in the 1960s and 1970s, has quoted a previous case in which a judge was replaced and the evidence from the previous trial was allowed into the second trial in the interest of time.
However, Supreme Court of Appeal, Judge Mokgoatlheng says, found that, that was unlawful, meaning the evidence from the previous trial should have been declared “a nullity” before the commencement of the trial under a new judge.
Showing much enthusiasm about ensuring that time is no wasted any further in the trial, Mokgoatlheng was against the standing down of matters to Tuesday for defense legal counsels sort out issues with Legal Aid and holding a pretrial conference with the state.
He asked “if Legal Aid is just 10 minutes away, why can’t I just make an order” for the Legal Aid official to come here and attend to the defense lawyers.
Mokgoatlheng has insisted that with the trial being postponed to Tuesday, there was enough time for the pretrial conference to take place this afternoon.
The trail will start on Tuesday morning with all the issues having been resolved.
Matters got off to a shaky start late on Monday morning with accused 1, Muzi Sibiya, telling the court he had not received the charge sheet for the commencement of the new trial. This while the other four accused told the court there were changes in the new indictments, which were there in the indictments served on them before the start of the previous trial.
However, the defense unanimously agreed the changes were not material and that the crux of the indictments had remained the same.
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.
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. These charges have not changed.
They had, at the time, pleaded not guilty to the charges.
All five accused are expected to plead again when the trial resumes on Tuesday morning.
All the witnesses that gave evidence in the previous trial will have to be called against. Zandile Khumalo, Kelly Khumalo’s sister, was the witness under cross-examination before Maumela was suspended last month. It is not yet clear who the state is going to call their first witness.
Judge Mokgoatlheng tells the accused they have the right to apply for bail. But he says that will happen in another court before a different judge.
Accused 2, Bongani Ntazi, had previously been denied bail.#SenzoMeyiwatrial #SenzoMeyiwa #sabcnews
— Sipho King K Kekana (@KingKAzania) July 17, 2023
Before proceedings commence, disbarred advocate Malesela Teffo, showed up in court even though he didn’t indicate why he was here.
Disbarred advocate Malesela Teffo is among the people in court at the #SenzoMeyiwatrial in Pretoria. Unlike on the previous occasions he showed up in court since his disbarment, he is not robed. #Sabcnews pic.twitter.com/EqK8SRD6ZD
— Sipho King K Kekana (@KingKAzania) July 17, 2023
