“What is this case about?” This was a question that concluded proceedings at the Senzo Meyiwa murder trial on Friday as Judge Ratha Mokgoathleng asked the defense, saying they needed to be clear in their cross-examination if they either agreed that indeed two intruders had in fact entered the house, or whether there’s a different version to that of the state.
Judge says up to so far it is not in dispute that two intruders entered the house and Senzo Meyiwa was shot in the house.
“I haven’t heard anyone saying there were no intruders in the house. I haven’t heard that.”
Mshololo: My lord, it’s still coming. #SABCNews #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) July 21, 2023
Judge Mokgoatlheng seemed to show frustration as he interjected Advocate Zithulele Nxumalo’s cross-examining of state witness, Zandile Khumalo, on the number of shots that went off in the house before she ran into the bedroom.
“Counsel, just tell me, are you disputing that the gun was fired? If I understand your cross-examination, there’s no dispute so far that has been put to this witness that this incident never happened,” interjected the judge.
“Meaning the entrance of the two so-called intruders and that there were shot fired, that there was a fight. That one shot was fired in the kitchen and two were fired in the bedroom, how does it materially affect the essence of this witness’ (evidence)?”
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.
Mokgoatlheng says the defense has yet to dispute this and if it is agreed that this is the only existing version, the cross-examination should follow that line, saying other issue regarding whether Tumelo Madlala smoke in or outside the yard or whether shots were fired in which part of the house would then become immaterial.
“As I am listening to the evidence as it unfolds, it appears that there is no dispute about the fact that there were two intruders that entered the house. Maybe there could be a dispute about the identity of the intruders, but that there were two intruders that got in and that there were shots and fighting, is common cause,” explains Mokgoatlheng.
Nxumalo has agreed with this saying, “It is so.”
“It’s different if you say that no two intruders got into the house and then of course, you have to delineate the circumference of how the fight was.”
It seemed up until this point that there was no other version, before Advocate Zandile Mshololo stood and said “My lord, it’s still coming.”
The case has been postponed to Monday, when Nxumalo is expected to wrap up his cross-examination, put forward his version before Advocate Mshololo follows with her cross-examination.
The version of accused 1, 2, and 3 so far is that they were not there on the 26th of October 2014, with 1 and 2, saying they were tortured into signing statements implicating them.
On Friday, proceedings kicked off with Advocate Charles Mnisi for accused 3, sarcastically wishing Zandi well in her “singing and acting” career based on a television interview played in court on Tuesday.
With the sarcasm on her “acting” flying by, Zandi duly accepted, “the compliment”.
Looking flashy, spotting a very stylish hairstyle with parts of it tinted golden and huge gold earring hanging from her ears, Zandi didn’t miss an opportunity to inform Mnisi she had put in a lot of effort in her looks.
This when Mnisi suggested she might need to put on a hoodie he had brought in court to demonstrate how the alleged second taller intruder, who wore a hoodie, had covered his the whole time he was in the house.
Mnisi: Maybe you should demonstrate to us how he wore it?
Zandi: You could do that and I will tell you.
Mnisi: Court rules wouldn’t allow me to wear it.
Zandi: I also wouldn’t be able to put it on because I have a beautiful hairstyle that I worked hard on this morning.
The trial continues.
Senzo Meyiwa murder trial: 21 July 2023
