By Lehlohonolo Lehana.
The legal representatives for four of the accused in the Senzo Meyiwa murder trial wants any further delays by the State in securing witnesses to be investigated by the Pretoria High Court.
The trial could not be heard on Monday as there were delays in getting the third State witness from KwaZulu-Natal to Pretoria.
The witness is the first among the eyewitnesses who were in the house when Senzo Meyiwa was shot in October 2014.
Five men are being tried for a robbery that claimed the life of the Bafana Bafana captain at the home of his girlfriend, Kelly Khumalo.
“We do abide by the Constitution, however, we would like to give the State a notice in case this situation might happen again. We give the State notice in terms of Section 342A, your lordship,” said TT Thobane.
After Judge Tshifhiwa Maumela granted the State an overnight postponement, the lawyer for four of the accused, TT Thobane, rose giving the State this notice.
In the event that there are further delays in securing a witness, Thobane wants the court to host an inquiry to determine the cause of the delay and to make a ruling.
Meyiwa’s friend, Tumelo Madlala, who was in the house when he was shot, testified this morning. He was in Joburg for less than an hour when He was shot.
Drama unfolded in the Meyiwa murder trial after three media houses were asked to step out of the North Gauteng High Court sitting in Pretoria, on Tuesday, after they chased a witness with cameras.
The court heard how Madlala was left petrified and unsettled after he was alleged chased down by journalists wanting to take his picture upon his arrival.
State Prosecutor Advocate George Baloyi said he was not happy that the media chased the next witness in the trial.
“This has unsettled the witness. While we support the media coverage, this is unacceptable. Intrusive and overbearing conduct of the media is a cause for concern. We request guidelines.”
Judge Maumela also weighed in on the media.
“I am for media freedom, but not at the expense of the running of the trial.”
Judge Maumela said the media needs to toe the line.
“Those responsible must step out of this courtroom while we proceed with this case.”
Judge Maumela asked the court to refrain from taking any pictures of Madlala following what happened on Tuesday morning.
Members of the media who were asked to leave the court met with the court manager to map the way forward on the treatment of the witnesses.
They agreed upon a presentation that will be made in court on the issue.
Baloyi said the three media houses, SABC, eNCA and Newzroom Afrika have apologised “for their reprehensible behaviour”.
“They have been given a final warning.”
Madlala was the first among the eyewitnesses who were in the house when Meyiwa was shot in October 2014.
He said Meyiwa tussled with one of the perpetrators and had him pinned against the kitchen wall when a shot rang off.
Other people who were in the house at the time include Meyiwa’s girlfriend, Kelly Khumalo, her mother, Gladness, her sister, Zandi, Longwe Twala, who was dating Zandi at the time, as well as another of Meyiwa’s friends, Mthokozisi Thwala.
Madlala told the court everyone in the house was watching the football – Manchester United v Chelsea – when a man appeared in the doorway between the kitchen and the lounge.
“The person who came in was carrying a firearm and he had dreadlocks,” Madlala said.
He said the person was wearing a black and white scotch hat.
Madlala said the man was short and had big eyes. Speaking isiZulu, the man demanded money and cellphones.
At that point, Longwe, who was sitting closest to the doorway where the unknown man was standing, launched from the couch and pushed the man into the kitchen and out of the house, Madlala testified.
As Longwe tussled with the man, Khumalo allegedly went into a bedroom adjacent to the kitchen.
“I also got up and saw a second guy in the kitchen,” Madlala said. He described the second man as being tall.
Madlala told the court that Meyiwa accosted the second man, holding his right arm above the elbow and pressing him against the right side of the kitchen.
“As I saw Senzo standing there, my intention was to go out because the kitchen door was there.”
While Meyiwa had the second man pinned against the wall, Madlala punched the man on the left side of the face.
Meanwhile, according to Madlala, Khumalo, her mother and Zandi were hitting the first man, who had been standing in the doorway. He said Zandi used one of his crutches as a weapon.
Madlala said: While this person was there, held by Senzo, I hit him in the face, and that’s when a shot went off. After the firearm went off, it was like my ears were closing, I couldn’t hear anything, and that’s when I ran to the bedroom.
In the bedroom, Madlala said he hid his cellphone under clothes and blankets. He wanted to get out of the house through the bedroom window, but was unable to because of the burglar bars.
While sitting on the bed, fearing the shooter would come to the bedroom, Madlala heard voices coming from inside the house, he told the court.
“As I heard the voices, I tried to open the door, but couldn’t open it from the inside. I think it was Mthoko (Thwala), he managed to open the door from the outside, I think he used a spoon.
“As I came out, I could hear everyone calling out Senzo’s name.”
Madlala testified that, as he moved to the lounge, he saw Meyiwa lying face down in front of the TV stand between the couches.
He said he first thought Meyiwa was hiding because of how he was lying on the floor.
Madlala, who had become emotional at various stages of his testimony, was visibly distraught when describing how he found his friend.
The State prosecutor, advocate Baloyi, asked that the court adjourn for the day in order for the witness to compose himself.
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Video Courtesy of SABC.