Accused in Senzo Meyiwa trial complains about prison conditions

Advocate Malesela Teffo, who is defending four of the accused in the Senzo Meyiwa trial, wants the court to hear a letter by one of the men on conditions at Kgosi Mampuru prison.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial in the Pretoria high court for premeditated murder, attempted murder, robbery with aggravating circumstances and possession of unlicensed firearms and ammunition. They have pleaded not guilty.

Teffo told the court Mncube was dissatisfied with his incarceration at the Pretoria prison.

“My client was kidnapped from Johannesburg prison and sent to Kgosi Mampuru. My client is suffering. I request the court to agree for the letter to be read,” he said.

However, Zandile Mshololo, advocate for Ntuli, said she had not seen the letter as per procedure. “No copies has been submitted to us. Now it is about to be read into the record when we have not had sight of the letter to prepare,” she said.

She also argued that no decision could be made without a response from correctional services. Mshololo asked the court not to entertain the application.

Judge Tshifhiwa Maumela said the claims should be attended to so the court could make an informed ruling.

State advocate George Baloyi asked for time to speak to prison authorities regarding the issues raised.

Tuesday was set aside to hear Teffo’s application challenging the jurisdiction of the North Gauteng High Court to hear the case. However, Baloyi told the court Teffo had failed to submit heads of argument to the prosecution and the other defence lawyers.

“The court set a timetable for the filing of the heads by advocate Teffo and the period within which the state and advocate Mshololo had to reply. However, no heads have been received from Teffo ... therefore the need for the state and advocate Mshololo to file heads fell away,” said Baloyi. 

Teffo last month argued that national director of public prosecutions (NDPP) Shamila Batohi did not have the authority to assign the case to Pretoria from Palm Ridge, Johannesburg. “Batohi has the power to give the directive where the alleged offence can be investigated, but not where the court proceedings are heard. That lies with the minister,” he said.

Mshololo asked for the case to be postponed. “Now that the purpose of [hearing the application over] jurisdiction has fallen away, I request that we adjourn to September 4 for the continuation of trial,” she said.

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