By Lehlohonolo Lehana.
One of the accused in the Senzo Meyiwa murder trial, Mthobisi Mncube has won the bid to be released from solitary confinement in the C-Max section of the Kgosi Mampuru Prison in Pretoria.
Mncube and accused number five, Fisokuhle Ntuli, made an urgent application complaining about the prison conditions, stating that they infringe on their human rights and mental wellbeing.
Mncube said he suffered a complete breakdown on October 7 2024 since his circumstances became untenable.
His lawyer, Maryna Steenkamp argued his continued incarceration in solitary confinement does not only affect his right to a fair trial but also affects the other co-accused right to a fair trial.
He has been in solitary confinement for the past four years.
The court ruled that the solitary detention was unlawful and ordered that Mncube be moved from solitary confinement.
However he will remain in maximum security and continue to stand trial.
“The first applicant has, in my view, been unlawfully detained beyond the 18 month period, ruled judge Jan Swanepoel.”
“If he continues to be detained in these circumstances, not only will his mental health be at risk but his further incarceration will be unlawful”
Ntuli’s application was struck off the roll as it lacks urgency, having detained for less than 18 months.
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.
Meanwhile the trial faces the very real threat of a mistrial, due to the continued absence of defence lawyer Thulani Mngomezulu.
Meyiwa was shot and killed while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.
Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa, and Ntuli are on trial for Meyiwa’s murder.
They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.