Staff Reporter.
There have been further delays in the Senzo Meyiwa trial where five men are appearing for the 2014 murder.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial in the Pretoria high court for premeditated murder, attempted murder, robbery with aggravating circumstances and possession of unlicensed firearms and ammunition. They have pleaded not guilty.
The trial resumed on Tuesday for a way forward after the lawyer for the first four accused wrote to the National Prosecuting Authority for the charges against his clients to be dropped.
Tuesday was set aside to hear advocate Malesela Teffo’s application challenging the jurisdiction of the North Gauteng High Court to hear the case. However, state advocate George Baloyi told the court that Teffo had failed to submit heads of argument to the prosecution and the other defence lawyers.
“The court set a timetable for the filing of the heads by advocate Teffo and the period within which the state and lawyer for the fifth accused advocate Zandile Mshololo had to reply. However, no heads have been received from Teffo … therefore the need for the state and advocate Mshololo to file heads fell away,” said state advocate Baloyi.
However advocate Teffo has since abandoned his application on the jurisdiction of the High Court in Pretoria to hear this matter, instead he brought another matter before the court on a letter from accused number three, Mthobisi Carlos Ncube.
According to Teffo, Ncube is being subjected to life-threatening prison conditions: “As the court has correctly said, the pathology vans coming in and out of the correctional centres is my humble plea that may the humble cry of my client be heard in this court today before it’s too late.”
Lawyer for the fifth accused advocate Mshololo pointed out that she and State advocate Baloyi had not seen the letter.
She also argued that no decision could be made without a response from correctional services. Mshololo asked the court not to entertain the application.
Judge Tshifhiwa Maumela commented on how any advocate should know to share such information with his colleagues before bringing it before the court.
He has been eager for this letter to be addressed saying if Ncube were to die in prison, Ncube’s blood would be on his hands.
State advocate Baloyi asked for time to speak to prison authorities regarding the issues raised.
In a dramatic twist, Advocate Teffo, who represents four of the accused in the trial, withdrew as legal counsel.
Teffo represented Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi and Mthokoziseni Maphisa.
He said he was withdrawing because of the harassment he received from the Gauteng High Court in Pretoria and the State.
Since the beginning of trial, Teffo has been the centre of attention through his conduct and theatrics in the Pretoria high court. He was the first defence lawyer to bring to the attention of the court that there was a second docket in which Kelly Khumalo and all who were in the house where Meyiwa was killed, were the accused.
Teffo had many heated arguments with Maumela, who now and again called him to order for his use of language and failure to follow court procedures.
His withdrawal as advocate for the four is likely to be a huge setback as Mncube, Sibiya, Ntanzi and Maphisa will now have to find his replacement.
Teffo added that would remain as a watching brief for Meyiwa’s brother.
Meyiwa, who was goalkeeper for Orlando Pirates and Bafana Bafana, was gunned down in October 2014 at the house of his girlfriend, Kelly Khumalo’s, mother.
Kelly and others who were in the Vosloorus home at the time claimed that Meyiwa was killed in a botched robbery.
The matter was provisionally postponed to August 2 for the accused to find new representatives.
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Video Courtesy of ENCA.