By Lehlohonolo Lehana.
The High Court in Pretoria has postponed the murder case of former Bafana Bafana and Orlando Pirates goalkeeper Senzo Meyiwa following the death of the defence lawyer of one of the accused.
Advocate Thulani Mngomezulu passed away in the early hours of Tuesday, 10th of December.
Mngomezulu represented Muzikawukhulelwa Sibiya, who is among the five men accused of killing Meyiwa.
The last time Mngomezulu was in court on 22 October, and he was wearing a face mask. He also had a fan next to him to help him feel better on the day.
He was due to start cross examining lead investigating officer, Bongani Gininda. In November, he told the court that he was not in a position to cross examine Gininda and requested the court to do his cross examination after Advocate Zandile Mshololo.
On Wednesday, 11 December, presiding Judge Justice Ratha Mokgoatlheng began the session by ordering a moment of silence for Mngomezulu.
Addressing the lawyer’s death, Mokgoatlheng informed Sibiya that the trial could not proceed until he secured legal representation.
The judge emphasised Sibiya’s right to choose his representation, saying, “I won’t influence you. I can’t tell you what to do, but you have the right to either defend yourself or appoint another defence counsel.”
Sibiya expressed financial concerns about obtaining new legal representation, mentioning that his uncle was already complaining about the financial strain.
The judge advised Sibiya to seek assistance from Legal Aid, noting that the offices would close on Friday and encouraging him to submit his application for financial support.
Advocate Charles Mnisi, representing the third accused, Mthobisi Mncube, informed the court of his decision to seek assistance from Legal Aid.
However, Attorney Sipho Ramosepele, representing the second accused, Bongani Ntanzi, has offered to represent Sibiya to minimise potential delays.
Sibiya said in court that he would consult with his family about the decision.
A hearing will be held on 8 January next year before the main trial resumes on 20 January 2025.
Meyiwa was shot and killed at the house of the mother of his then girlfriend Kelly Khumalo, in Vosloorus, on the East Rand, on October 26, 2014.
The people who were present in the house during the murder were Kelly, her sister Zandile, their mother Gladness, Meyiwa, Zandile’s then boyfriend Longwe Twala, and Meyiwa’s close friends Tumelo Madlala and Mthokozisi Twala.
Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli are standing trial for the murder of the late football star.
They have all pleaded not guilty to all charges.
They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.