By Lehlohonolo Lehana.
The trial against five men accused of killing former Bafana Bafana captain Senzo Meyiwa in 2014 will return to the High Court in Pretoria in January 2024.
The lead investigator in this case, Brigadier Bongani Gininda, returned to the witness stand for cross-examination.
Gininda has denied all claims against him on his alleged involvement in the assault of the accused.
He has also insisted that the taking down of confession statements by two of the accused was above board.
When proceedings came to a halt on Wednesday, counsel for the first two accused, Advocate Thulani Mngomezulu, and Gininda could not agree on the application of Section 219 of the Criminal Procedure Act.
In a single sentence, the section stipulates that the confession of one person cannot not be used as evidence against another, and adds nothing else.
But Mngomezulu has sought to apply this law in an unconventional way.
“There are safety measures that are provided by Section 219 to say that confession, if it comes to your attention being a Brigadier, to say what he is telling me is also involving other people in that confession. Do you understand?” asked Mngomezulu.
“I understand but I don’t agree with the assertion counsel is telling me,” Gininda replied.
Proceedings adjourned early on Thursday after the defence counsel for accused one and two, Advocate Mngomezulu, told the court that he could not continue with proceedings as he felt ill.
“My lord, we have discussed the situation with my colleagues, and I have indicated to them that I am not feeling well and need to consult a doctor. The days that we suggested show that it won’t be prudent for us to sit until next week.”
State Prosecutor Advocate George Baloyi told the court that proceedings can continue on 22 January as per the court roll.
“Did you discuss this with the Deputy Judge President?” questioned Judge Ratha Mokgoathleng.
“No, my lord, in any case, I think we were going to sit until tomorrow. But the roll planner indicated that this is a special court for the matter, so the 22nd is the appropriate time,” said Baloyi.
The testimony of lead investigator Brigadier Gininda will stand down in the trial within a trial.
Gininda had been instrumental in the arrest of the five suspects in the matter.
Muzi Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli have all been charged with the murder of Meyiwa in October 2024.
They face charges of premeditated murder, attempted murder, armed robbery, and the illegal possession of a firearm.
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