No-nonsense judge annoyed as witness Zandile Khumalo takes ill

Judge Ratha Mokgoatlheng wasn't pleased by further delays in the Senzo Meyiwa murder trial as the state asked for an early adjournment on Wednesday.

Asking for the matter to be rolled over to Thursday, state prosecutor George Baloyi told the court that Zandile Khumalo, who had been testifying, was not feeling well.

This is as the defence was supposed to start its cross-examination.

When proceedings resumed after the long adjournment, Khumalo, who was supposed to be back on the stand, was nowhere to be seen, prompting Baloyi to ask for a short adjournment.

After that, Baloyi asked for more time to sort out accommodation issues for the witness.

However, Baloyi then asked that the matter be adjourned overnight and told the court that Khumalo had said that due to the accommodation problems, she was no longer psychologically ready to continue.

Baloyi added that Zandile was also not feeling well.

This displeased Mokgoatlheng.

“I am old school. I can't tolerate this type of behaviour. A person comes to court, gives evidence. When she must be cross-examined a problem arises which has got nothing to do with the running of the court. How is that possible? And then I am told, we must adjourn because the witness is not feeling well, ” he said, looking displeased.

Mokgoatlheng asked Khumalo to stand up and asked her what was wrong.

“I have pain on my chest,” Zandi said.

This prompted Mokgoatlheng to relate his previous experience with a suspect who once got sick in court during cross-examination.

“Let me tell you what I once did when I was sitting in a matter. It was about 15 years back. I had accused who came to court and one of them suddenly got sick. Maybe because he was supposed to be cross-examined. I said the prosecutor must get in touch with the district surgeon. They told me the district surgeon was somewhere else and the three of them were not present.

“The prosecutor told me that in terms of government regulations, we can't hire a private doctor because you need three quotations from private doctors and the least expensive is the one you take. Guess what I did? I got a private doctor to examine the gentleman and I undertook even to pay and the private doctor came from Carlton Centre to the court, examined this gentleman and pronounced that he was just stressed because he was on trial — but after that, the case went on.”

Baloyi told the court that he was certain that there would be no further delays after Thursday.

Meyiwa was gunned down in what was described as a botched robbery in the presence of his then-girlfriend Kelly Khumalo, her mother Ntombi, sister Zandi, Zandi’s boyfriend Longwe Twala and Senzo’s friends Mthokozisi Thwala and Tumelo Madlala.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are standing trial for premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. They have all pleaded not guilty.

Earlier, Khumalo told the court that they were subjected to a lie-detector test and role-play by the police.

She had earlier broken down in court as she recalled the final moments of her sister's boyfriend.

According to her, when she, her mother, Kelly and Tumelo returned from the hospital they found their home already cordoned off with a crime scene tape.

She said inside the house there were many people, including police and neighbours. 

“There were so many of them,” she said.

Khumalo said that upon entering the house through the kitchen door, she saw Senzo's phone under the stove. 

“When we looked around to see where the other phones were, my mother recalled that she was charging her phone on the stove and it was still there. While we were looking around, on the floor, on the tiles it looked like there was a burn mark. The kitchen door at the back was damaged. There was also a scotch hat on the kitchen floor, just close to the stove and the sink. The crutch that myself and Tumelo were using to assault was also on the floor,” she said.

She testified that she, Kelly, her mother, Tumelo and Longwe were escorted by police that night to Kelly's house at Mulberton where they stayed for some time.

“We didn't really sleep because it was very difficult,” she said.

Khumalo said they made statements on the second day after the incident and she was the first person to make a statement.

She also assisted in compiling the identikit.

She told the court that around 2018, 2019 or even 2017, they were called in for a lie-detector test.

She was not told the outcome of her test.

Further, she said after a year they were called to come and do role-play at the Vosloorus home where the shooting happened. 

Khumalo said she was instructed by an officer to give roles of people who were in the house to the other officers who were there.

She said there were props and she was asked to direct which character was standing where and where they moved to.

She told the court that she recognised accused No 2, Ntanzi, as one of the two intruders.

Mokgoatlheng, who has so far been decisive, again displayed that he is time cautious and wants to avoid unnecessary delay. He refused to adjourn for a tea break.

“There is no tea [break] here in Pretoria,” he said prompting laughter from the gallery and later smiling.

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