By Lehlohonolo Lehana.
The murder trial against the five men accused of killing former Bafana Bafana captain Senzo Meyiwa resumed in the Pretoria High Court on Monday.
Five men – Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa – are standing trial for Meyiwa’s murder which occurred on 26 October 2014.
The accused face charges which include murder, attempted murder, robbery with aggravating circumstances, being in possession of a firearm and possession of ammunition.
All five men have pleaded not guilty to the charges against them.
The trial has faced several delays and had to be postponed last month, after Advocate Malesela Teffo, the former legal counsel for accused number one to four, withdrew from the case during proceedings on 12 July.
Instructing attorney Tshepo Thobane has since taken over the case as the new legal counsel.
Advocate Zandile Mshololo is representing accused number five, Ntuli.
Last week, the National Prosecuting Authority (NPA) said it would make a decision on the prosecution of the people named in the second docket – known as case 375 – implicating Meyiwa’s then-girlfriend and singer, Kelly Khumalo.
Advocate Mshololo meanwhile has brought a special entry application accusing the State of failing to disclose the second docket before the commencement of the trial as should be done.
“The second docket contains the statement, which I may call it. The second statement of forensic expert Thabo Mosia who is testifying in this court and in that statement, he contradicts himself,” Mshololo said.
She said her client’s rights were infringed: “The constitutional right of the applicant, protected under Section 35 subsection 3, which says every accused person has a right to a fair trial – which includes the right to be informed of the charge with sufficient detail to answer it.”
Mshololo said the special entry application is for the purposes of appeal if her client is convicted.
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