LISTEN | Senzo Meyiwa trial: Defence to consult accused as fresh witness statements come to light

The trial of five men accused of footballer Senzo Meyiwa’s murder has been postponed for legal representatives to consult their clients after the disclosure in court on Monday that the state has evidence from people who require witness protection.

The former Bafana Bafana and Orlando Pirates goalkeeper was shot dead in October 2014 in what was described as a botched robbery in Vosloorus, east of Johannesburg, in the presence of his girlfriend Kelly Khumalo, her mother Ntombi, sister Zandi, Zandi’s boyfriend Longwe Twala and his friends Mthokozisi Twala and Tumelo Madlala.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are charged with murder, attempted murder, armed robbery, possession of firearms without a licence and possession of ammunition.

In the North Gauteng High Court on Monday, prosecutor George Baloyi and legal representative for Sibiya, Ntanzi, Mncube and Maphisa, advocate Malesela Teffo, said they were ready to proceed. However, advocate Zandile Mshololo, for Ntuli, told the court she could not continue.

She said they felt “ambushed” by the state after it submitted new statements on March 28 and she had not been able to consult her client in prison since then.

In the North Gauteng High Court on Monday, prosecutor George Baloyi and legal representative for Sibiya, Ntanzi, Mncube and Maphisa, advocate Malesela Teffo, said they were ready to proceed. However, advocate Zandile Mshololo, for Ntuli, told the court she could not continue.

She said they felt “ambushed” by the state after it submitted new statements on March 28 and she had not been able to consult her client in prison since then.

“As a result of that, we are not ready to proceed with the trial today [Monday]. The reason being the release of further particulars by the state at the 11th hour of the trial. The conduct by the state of withholding the statement violated the accused's [rights] to be given particulars to enable him to prepare his defence.”

Baloyi, who did not oppose the postponement, said the statements had been withheld for security reasons, adding they would only feature later in the trial.

“Three statements will be presented almost at the conclusion of the trial. Those witnesses are fearful for their lives. They fear for their safety. The reason we [with] held the statements was to put those witnesses into witness protection.”

Judge Tshifhiwa Anthony Maumela postponed the matter overnight to allow the legal representatives to consult their clients.

“I make an order for whoever's responsible — court orderlies and officials — to allow consultation until [it] is vital for them to go back to their respective [holding cells].

“I understand that things could not proceed in a normal way where correctional services is concerned, but the need to consult is vital,” he said.

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