By Lehlohonolo Lehana.
Judgement in the Mthobisi Prince Mncube’s urgent application to be moved out of solitary confinement has been reserved until Tuesday next week.
Lawyer representing Mncube, one of the accused in the Senzo Meyiwa murder trial, said the Department of Correctional Service has no basis to keep his client in the C-Max section of the Kgosi Mampuru Prison in Pretoria.
Mncube said he suffered a complete breakdown on October 7 2024 since his circumstances became untenable.
His lawyer argued his continued incarceration in solitary confinement does not only affect his right to a fair trial but also affects the other co-accuseds’ right to a fair trial.
Meanwhile Fisokuhle Ntuli said, he has been incarcerated in solitary confinement since March 2022.
He was initially in solitary confinement at Leeuwkop prison around March 2022 and was transferred to C-Max on October 5 2023.
However his application was dismissed after the court said he only spend only 18 months.
Mncube has been fingered as the deadlocked intruder with pictures extracted from his phone proving that he had dreadlocks around the period Meyiwa was fatally shot.
While Ntuli was linked to the getaway car driven on the night Meyiwa was killed.
Five men are on trial at the North Gauteng High Court in Pretoria for the murder of Meyiwa.
The five accused are Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Ziphozonke Maphisa, and Ntuli.
The people who were in the house that day were Meyiwa, Kelly and her younger sister, Zandile, their mother Ntombi Khumalo (MaKhumalo), Longwe Twala, Meyiwa’s friends, Mthokozisi Thwala and Tumelo Madlala, Kelly’s then 4-year-old son, Christian, and Thingo, her daughter with Meyiwa.
All the accused have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.