By Lehlohonolo Lehana.
The murder trial of former Bafana Bafana and Orlando Pirates captain Senzo Meyiwa resumed in the North Gauteng High Court in Tshwane on Monday.
The matter has been on ice for months, to allow the lawyer for one of the accused, Muzi Sibiya, time to familiarise himself with the case after his lawyer died in 2024.
Sibiya is one of five men accused of the football star’s murder in what the State believes was a hit.
Advocate Charles Mnisi is no stranger to the Meyiwa trial, as he was appointed to represent Mthobisi Mncube in 2023, after the now-disbarred Advocate Malesela Teffo withdrew.
But when Thulani Mngomezulu died in 2024 and Sibiya agreed to Mnisi representing him too, he wanted the indulgence similar to one that an absolutely new lawyer would require.
Earlier in May, Mnisi told the court that he would certainly be ready to proceed on Monday morning.
The trial began with cross-examination on Monday, although it started late due to the accused arriving late in court.
Advocate Zithulele Nxumalo told the court prior to the start of the proceedings that accused number five’s attorney, advocate Zandile Mshololo, had an emergency en route to court and asked Nxumalo to fill in for her.
Following the start of the proceedings, Mnisi questioned lead investigator Bongani Gininda regarding alleged confessions made by the accused.
“You referred to something you regard as a ‘best practice’ a number of times in relation to the confessions and pointing out. What did you mean by that?” asked Mnisi.
Gininda said that the late Mngomezulu asked him if he could have accepted the confession, which prompted him to make the statement.
“I said it was preferable that a person who is not involved in the investigation take the confession. That was best practice,” he responded.
Mnisi further asked if the ‘best practice’ is limited to taking confessions and pointing out. However, state prosecutor George Baloyi interjected.
“The witness has answered that he did say he can only comment on confessions and pointing out,” said Baloyi.
Mnisi persisted in questioning the witness regarding the warning statements that Gininda claimed to have received from various stations across the country.
Gininda was about to respond when presiding Judge Ratha Mokgoatlheng enquired as to where Mnisi was taking his line of questioning.
“How is this going to help us in this case? How does reading the statements made by an accused person in Graaff-Reinet assist us? How does interrogating warning statements made in a specific location help us?
Mnisi responded: “It is not that I want the statements for the sake of wanting them; I am busy preparing my argument.
Answered Mokgoatlheng: “But the witness has answered you. He continued, “You can prepare your argument; there is no problem; otherwise, we will remain here until the resurrection of Nelson Mandela.”
Meyiwa murder trial has drawn significant public attention since the former Bafana Bafana and Orlando Pirates goalkeeper was killed in 2014.
Meyiwa was killed on October 26, 2014, while in the company of his gilfriend and the mother of his child, Kelly Khumalo, in Vosloorus.
The five accused men – Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Maphisa, and Sifisokuhle Nkani Ntuli – face charges of murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition.
The trial, which began in 2022, has been marked by numerous delays and controversies. Defence lawyers have repeatedly questioned the state’s case, arguing that the wrong suspects have been arrested while those present at the scene remain free.