LISTEN | Kelly Khumalo’s lawyer fails in bid to access court documents in Senzo Meyiwa trial

The Pretoria high court has denied a request by Kelly Khumalo’s lawyer to have access to case dockets and court transcripts in the Senzo Meyiwa murder trial.

The trial of five men accused of killing the footballer in 2014 at Khumalo’s family home in Vosloorus resumed on Monday after an adjournment in September during the cross-examination of state witness Tumelo Madlala.

On Monday, the court heard that Khumalo’s watching brief, advocate Magdalene Moonsamy, had written a letter to the court requesting to be part of the proceedings as a watching brief and also requesting access to case dockets, court transcripts and other related documents. However, this application was opposed by the state and defence teams.

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Moonsamy was appointed by Khumalo on a watching brief when the trial began but was excused by the court in April “for the purity of the trial”.

State prosecutor George Baloyi said the court had already dealt with the issue and what Moonsamy was asking for was more than a watching brief is entitled to.

“She cannot be accorded greater rights than other watching briefs. Her situation is different because her client will be called upon to testify. It is undesirable that she should sit in the proceedings,” he said.

Advocate Tshepo Thobane for accused 1 to 4 said Moonsamy was wasting the court’s time and that it was unethical for her to ask for transcripts, copies and dockets in the matter. He said she also doesn’t have the right to gain access to the bail application papers for accused 2.

Advocate for accused 5 Zandile Mshololo, said: “The interest Khumalo is trying to show in this court is going to compromise the trial.

“She [Khumalo] is not entitled to the further particulars that have been requested. It is only an accused person who has been charged who is entitled to further particulars. She cannot demand them and she is not entitled to them because they will compromise the trial,” Mshololo said.

“ There is no prejudice that will be suffered by Khumalo if her watching brief is not allowed in this court. Instead, the prejudice will be suffered by the accused before this court [if the request is granted], because she is demanding to have [additional] information before she comes to testify, which is not allowed in law,” she said.

Judge Tshifhiwa Maumela, who had previously ruled Moonsamy be excused from the court proceedings, said the ruling stands.

“The ruling that has already been made in this matter, which still stands, is going to be abided by all of us in this case,” he said.

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