Defence counsels for the accused in the Senzo Meyiwa murder trial on Tuesday told the high court in Pretoria they want the director of public prosecutions to clarify the status of musician Kelly Khumalo and the other people mentioned in a second docket regarding the case.
Advocate Zandile Mshololo for accused 5 sought clarity on whether Khumalo and the people who were in the Vosloorus, Ekurhuleni, house on the day Meyiwa, a former Bafana Bafana and Orlando Pirates goalkeeper, was shot dead, are “suspect-witnesses or accused-witnesses”.
“As I will be reading the second docket I also need clarification in relation to exhibit C1 — the letter from the DPP regarding the second docket.
“I am asking for an order directing the DPP South Gauteng to give clarity since exhibit C1 refers to a junior who has made an opinion. The DPP South Gauteng, as the head of the office, must give clarity on the decisions, if there are any that have been made under the docket cas 375/01/209. I see that if it's referring to the junior, it means there is someone superior who has to make the final decision and in [the] case of this letter [it] is the DPP himself.”
Mshololo said it would assist the court to get the clarity from the DPP in South Gauteng himself, Andrew Chauke.
“If the DPP confirms whether the final decision has been made ... whether to decline to prosecute these people or whether the matter is still being investigated or whether this docket will be combined or is combined with the docket that we are dealing with before this court, we ought to have received this clarification from the DPP's themselves.”
The docket, which the court heard was opened in 2019, five years after Meyiwa's death, named 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.