Prosecution objects to questions based on second Meyiwa murder docket

The matter of the second docket in the Senzo Meyiwa trial again caused an objection on Thursday morning during defence lawyer Zandile Mshololo's cross-examination of the state's first eyewitness, Meyiwa's friend Tumelo Madlala.

Mshololo raised the contents of the docket, which according to a letter submitted in court the National Prosecuting Authority is yet to decide on.

As Mshololo told Madlala about the second docket, where a decision is pending on whether to charge him, Madlala — who was quick to cover his mouth — laughed.

In the docket, Meyiwa’s girlfriend Kelly Khumalo and those at the scene in October 2014, including Madlala, are named as the accused. It was opened in 2019 by two police officers who were part of the initial investigating team.

However, a breakthrough in the case came in May 2020 when the current accused were identified.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have been charged with premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. 

They have pleaded not guilty.

The defence had argued before that the second docket contained crucial information. But Pretoria director of public prosecutions (DPP) Sibongile Mzinyathi said in September a decision on the second docket would be made at the conclusion of the current trial.

Mshololo said to Madlala: “That depends on the manner in which you testify. So you would want to protect yourself by all means?”

Prosecutor George Baloyi was quick to object, stating that the status of the second docket was not yet known, therefore the defence could not question the witness on it.

“We object to any questions based on exhibit C [the second docket] in light of what the DPP once stated [on the status of the docket],” he said.

Attorney for four of the accused, Tshepo Thobane, put a notice to the court that he would be approaching another court to make an application to review the present proceedings.

The trial continues.

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