By Lehlohonolo Lehana.
Advocate Charles Mnisi, representing accused 3, Mthobisi Prince Mncube in the Senzo Meyiwa trial has expressed concern over his solitary confinement since arriving at Kgosi Mampuru Correctional Facility in 2020.
This was heard during court proceedings at the Pretoria High Court on Friday.
Mnisi, rose before the cross-examination of ballistic analyst Capt Malesela Ntini could begin. He told Judge Ratha Mokgoatlheng that Mncube is unhappy about being kept in solitary confinement at the prison.
“The confinement of Mncube at Kgosi Mampuru is bugging me to an extent that I cannot concentrate on the business of the day, which is this trial.”
Mncube is being held under solitary confinement since 2020. More than four years, without any reasonable justification…
“It is difficult for me to get instructions from Mncube because the state is systematically lynching him.
“The state is supposed to give an answer [on why Mncube is kept under solitary confinement] for such a long time. But they are ducking and diving. This is a Stalingrad approach…
“My client does not have money and cannot afford an attorney… He is subjected to gruesome conduct by the department of correctional services. I urge the court to find out what is happening. This has a negative effect on me focussing on this trial…,” said an enraged Mnisi.
State prosecutor Advocate George Baloyi said the head of the C-MAX prison section gave him the reason. He said Mncube is kept under solitary confinement due to “security issues”.
Mokgoatlheng said he will call his “friend” to attend to the matter. The friend is retired Judge Edwin Cameron. He is the head of the Judicial Inspectorate for Correctional Services.
Judge Cameron is a friend of mine, I will phone him and invite him to this court. I will ask him to determine whether this [solitary confinement] complies with the law,” he said.
Mokgoatlheng said he will provide an update to the court when the trial resumes on October 7, 2024. Today was the last sitting for the trial in the third term.
Meanwhile, Ntini was cross-examined by lawyers for accused numbers one and two. Mnisi said he will commence his cross-examination of Ntini when the matter resumes next month.
Ntini is one of the ballistic analysts who confirmed Lt-Col Christian Mangena’s findings under a microscope.
Mangena testified in August last year, wherein he spoke on the 9mm gun that was found on Mncube. It was found on him when he was arrested in 2015 for a separate matter. Mangena said it is the same gun that killed Meyiwa.
He testified that he was able to determine this after examining the projectile found on the kitchen counter. This at the crime scene, and by testing bullets fired from the gun found in Mncube’s possession.
Meyiwa, the former Bafana Bafana and Orlando Pirates goalkeeper, was shot and killed in Vosloorus, on the East Rand. This happened at the house of the mother of his then girlfriend, singer Kelly Khumalo, on October 26, 2014.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are all accused. They face charges of premeditated murder, attempted murder, robbery with aggravating circumstances. Also possession of firearms without a licence and possession of ammunition.