By Lehlohonolo Lehana.
Judgment regarding an application by a well-known personality for a media blackout during her testimony in the Senzo Meyiwa murder trial was handed today.
Yesterday, the trial for the murder of the soccer star resumed at the Pretoria High Court with the state, lawyers of the accused and legal representative of the media presenting their heads of arguments on the application.
Judge Tshifhiwa Maumela said: “I will have to consider what has been presented and that task may not be concluded today.”
On Monday, the state requested that proceedings should not be broadcast live and pictures of the personality should not be taken while she is on the stand. However, she is not opposed to journalists sitting in court and reporting on her testimony.
State prosecutor Adv George Baloyi presented his heads of arguments and said the witness was a victim of a crime.
In a lengthy judgement, Judge Maumela has dismissed a state witness’ request to bar the live broadcast of her testimony.
Judge Maimela, ordered that while broadcasting of the witness’s image would not be permitted, media are allowed to broadcast audio of her testimony.
In handing down his judgment, Maumela acknowledged the court didn’t grant anonymity to other witnesses who had testified before her.
But, Maumela also noted that witnesses needed protection from the court to ensure that they live to testify another day.
“Failure to do so is counterproductive because witnesses will in future have to weigh the dangers of testifying in court,” Maumela said.
The court has in the past placed restrictions on some witness testimony, which prohibits the press from showing the witness’s face but allows the audio to be live-streamed.
“Witness number one’s face and voice are already out in the public where she spoke about the trial. However, the unnamed witness said this was to preserve her integrity,” said Maumela.
In the end, Maumela found that witness number one had not provided a compelling case to prohibit the media entirely from covering her testimony.
Maumela also protested,saying there was no Sifiso Meyiwa part of the trial, but the persistent, disbarred advocate Malesela Teffo continued to speak over the judge.
The judge then ordered court orderlies to remove Teffo from the proceedings, saying he must not be allowed to come back.
This is not the first time that Teffo has disrupted the trial since he formally withdrew as defence counsel for four of the accused in July 2022.
On Wednesday, Teffo appeared in court, fully robed, and attempted to make submissions as a supposed watching brief.
This was while the court was dealing with an application by the State that the testimony of the witness, Zandi Khumalo, not be recorded live by broadcast media.
On another occasion, Teffo appeared in court with a supposed instructing attorney.
What makes the appearances more incredulous is that not only does Teffo not represent any person in the trial, but he is disbarred, meaning he is not able to practise as an advocate.
The LPC has since lodged an urgent application to have Teffo held in contempt of court for continuing to practise.
Meanwhile the latest State witness to take the stand has broken down in tears while admonishing the men that she claims killed the football star.
Zandile Khumalo,singer Kelly Khumalo’s sister, spent her first few hours on the witness stand after failing to get the court to bar the live audio broadcast of her testimony.
“We were still listening to Kelly speaking, two gentlemen entered the house.”
And then: “Are you guys even aware of what you did to us, to our lives? Are you guys even aware of what you did to us as a family on that day, the damage that you guys caused?’
Judge Maumela reprimanded her for addressing the accused directly.
Khumalo is the second State witness after Tumelo Madlala to point out the alleged intruder from among the men in the dock.
“The second one there,” Khumalo said.
While Khumalo wiped away her tears after pointing Bongani Ntanzi out from the dock, he smiled, occasionally dropping his head, while his co–accused laughed.
The trial of the five men accused of murdering the former Bafana Bafana goalkeeper is expected to continue on Friday.
Watch Live in the video below:
Video Courtesy of SABC.