LISTEN | ‘Material evidence’ in Meyiwa docket should have been given to defence before plea, says lawyer

The defence for one of the accused in the Senzo Meyiwa murder trial, Zandile Mshololo, told the Pretoria high court the prosecution’s previous non-disclosure of the contents in the second docket opened in 2019 has led to the violation of her client’s constitutional rights.

“The information contained in the second docket ought to have been disclosed to the applicant before he pleaded,” she said.

In the docket, Meyiwa’s girlfriend Kelly Khumalo and those present at the scene of his murder in 2014 are the accused. It was opened by two police officers who were part of the initial investigating team when there was an impasse in the investigation. However, a breakthrough came in May 2020 when the current accused were identified.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa and Fisokuhle Nkani Ntuli face a charge of murder.

Mshololo on Monday said the docket opened in 2019 had crucial information, including an allegedly contradictory statement by the first witness in the trial, Sgt Thabo Mosia.

“The second docket [also] contains the photo albums that were taken in the crime scene when the incident took place. That information is crucial to this trial.

“It contained the statement of [since deceased] Brig [Philani] Ndlovu, who has been referred to during this trial by Mosia as the person who played a role in the investigation of this matter, and that statement has not been disclosed to the defence when it contains material evidence regarding the evidence of Mosia, who is in the witness box.”

Mshololo said the docket contains a statement by W/O Meshack Makhubo regarding the status of witnesses who have submitted statements for the case.

She told the court the damage to her client’s case was “irreparable”.

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