Meyiwa trial: Second docket which names Kelly Khumalo stalls trial

A second docket in the Senzo Meyiwa murder trial, opened against those in the Vosloorus house where the footballer was shot dead, stalled the trial on Wednesday.

Advocate Zandile Mshololo, representing one of the accused, told the high court in Pretoria she needs clarity from the National Prosecuting Authority on the two dockets as they name different suspects and charges.

The prior non-disclosure of the second docket has prejudiced her client, she said.

“The non-disclosure of such documents to accused 5 violated his rights to be given further particulars, all information in possession of the state, to be able to prepare his defence,” said Mshololo.

The docket, which the court heard was opened in 2019, five years after Meyiwa's death, named Kelly Khumalo, Longwe Twala, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Thwala and Maggy Phiri as suspects in a case of murder and defeating the ends of justice.

Mshololo said: “I cannot make submissions until I talk to the author of this document.”

She could also not continue with cross-examination of the first state witness, forensics expert Sgt Thabo Mosia.

The second docket was raised by the defence for four of the accused, Malesela Teffo, during cross-examination of Mosia last week.

Mshololo said she wanted time to study the document to understand why two directors of public prosecutions arrived at different conclusions. “And until we receive those reasons, we will [only] then be able to inform this court whether we are able to proceed.

“The state must give us reasons for the decision that has been taken, whether it's been a misjoinder or maybe we are supposed to be having 10 accused here, the other accused should have been joined here or they should not be joined — we don't know.

“As a result, I am asking that this matter be adjourned and the remaining period of this session,” she said.

The matter has been postponed to Monday.

Five men — Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli — are standing trial for premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. They are pleading not guilty.

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