By Lehlohonolo Lehana.
Legal Aid South Africa has refused to fully fund the preparation of a Section 174 application to dismiss charges by the defence in the Senzo Meyiwa murder trial.
Four of the five accused indicated to the Pretoria high court wanted to apply for their discharge after the state closed its case in July, as they believed the state had failed to present a strong case.
Meyiwa was shot dead in the presence of his then girlfriend Kelly Khumalo at her mother’s home in Vosloorus in October 2014.
Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa’s murder. They have pleaded not guilty.
Section 174 of the Criminal Procedure Act provides that if, at the close of the state’s case and the court is of the opinion there is no evidence the accused committed the offence of which they may be convicted on the charge, the court may return a verdict of not guilty.
Legal Aid, which is footing the legal bill of the accused in the murder trial, informed defence attorneys that it would not finance the extensive preparation required for the Section 174 application. However, it said it was prepared to cover the costs of a limited two-hour trial preparation fee.
A representative from Legal Aid SA’s Constitutional Committee explained the organisation’s stance.
“The question was put to the committee, whether we would fund four weeks of preparation for a Section 174 application.While the committee agreed not to stop the process, they were not amenable to funding the extended preparation time.”
Advocate Charles Mnisi, representing accused number 1 and 3, told the court that a full month is essential for him to adequately prepare the application — which seeks to have charges dropped against the accused due to insufficient evidence from the state.
Although Mnisi has agreed to return to court in a week to avoid further scrutiny, he warned that the limited preparation time should not be used to discredit him.
“I submit with due respect that this trial should not be about me. I should not be made into the centrepiece. I’ve done my best to assist this court, but it’s unfair for the focus to shift from the accused to me,” said Mnisi.
Mnisi added that Legal Aid is welcome to consult with his clients and advise on the way forward. He also denied that his requests is financially motivated, saying his views are often misunderstood.
Advocate Sipho Ramosepele said, “We still wanted to proceed on the 174 application. But our instructing attorneys believe we don’t have a leg to stand on. It is still my client’s wish to bring the application.Even though the instructing attorney said that there is no prospect of success,” said Ramosepele.
Advocate Zithulele Nxumalo took a firm stance.
“The instruction from my client was to proceed, and I had already started drafting. And [also] if I can be granted till 18 August for that application.”
Nxumalo said with or without payment, he would proceed in a week.
State Advocate George Baloyi told the court that once they receive Nxumalo’s heads of argument, they would need three days to file theirs.
Now, uncertainty lingers on whether Mnisi and Ramosepele will continue with the application for their clients. Only Zandile Mshololo’s client Fisokuhle Ntuli, the fifth accused, had abandoned his.
Judge Ratha Mokgoatlheng postponed the matter to continue with Nxumalo’s filing on August 15, 2025. And to give the state’s response by August 22, 2025.