By Lehlohonolo Lehana.
The Gauteng High Court in Pretoria on Monday said it stood by its previous ruling to deny singer Kelly Khumalo’s lawyer the right to conduct a watching brief during the trial of the five men accused of murdering Senzo Meyiwa.
Proceedings were delayed when the court heard that Khumalo’s lawyer, Magdalene Moonsamy, had submitted a letter asking permission to conduct a watching brief for her client.
The former Orlando Pirates and Bafana Bafana goalkeeper was shot in his girlfriend Kelly Khumalo’s Vosloorus house on 26 October 2014.
Five men – Bongani Ntanzi, Muzikawukhulelwa S’Tembu Sibiya, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Nkani Ntuli – are currently on trial for the murder.
Prosecutor George Baloyi told the court that Moonsamy had also requested copies of the case dockets and transcripts of court proceedings, including the bail application of one of the accused, Ntanzi.
Moonsamy’s letter was dated 1 November. Baloyi said the State opposed her request, adding that the court had already ruled on the matter.
Baloyi said: What our colleague is asking for is more than what a watching brief is entitled to. She cannot be afforded greater rights than other watching briefs.
TT Thobane, the lawyer representing four of the accused, also objected to Moonsamy’s request, saying she was wasting the court’s time.
“She needs to draw the line between law and politics. In law, there is ethics and protocols to follow. We will object to her request because she didn’t even follow the correct procedures.”
Ntuli’s lawyer, advocate Zandile Mshololo, also opposed the application.
Mshololo said: “The interest Ms Kelly is trying to show in this court is going to compromise the trial of this court.”
“She is demanding to have information before she comes to testify, which is not allowed in law. This case is broadcasted, which is compromising on its own.
“Let them watch the proceedings outside and follow it on television,” Mshololo added.
During court proceedings in April, Judge Tshifhiwa Maumela asked that Moonsamy should be excused from the court “for the sake of the purity of the process”.
Meanwhile Longwe Twala’s name has once again featured in the murder trial in the Pretoria High Court.
Meyiwa’s childhood friend, Tumelo Madlala, returned to the witness stand for cross-examination on Monday.
It was a lengthy day of cross-examinations by lawyer for the first four accused, TT Thobane, who kept Madlala in the witness stand.
Madlala stuck to his guns that Ntanzi, one of the five men standing trial for the 2014 murder, was one of the intruders who entered the Vosloorus house where the murder happened.
During the cross-examination, Thobane read a part of Madlala’s statement to him where he addressed who may or may have not killed Meyiwa.
“I was, for the first time, to see Longwe Twala and I did not tell anyone or the Meyiwa family that Senzo was killed by Longwe Twala because he did not have a firearm with him. Instead, he ran away,” Thobane read.
Thobane questioned Madlala on what prompted this response from him. “You don’t make a statement alone.” Madlala responded.
Madlala returns to the witness stand on Tuesday for further cross-examination.
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Video Courtesy of SABC.