‘Get to the meat of cross-examination’: Judge in Senzo Meyiwa murder trial details law 101 to defence

“A criminal trial is not a game where one side is entitled to claim the benefit of any omission or mistake made by the other side, and a judge’s position in a criminal trial is not merely that of an umpire to see the rules of the game are observed by both sides.”

Judge Ratha Mokgoatlheng, quoting Curlewis CJ in R v Hepworth, made this statement in the high court in Pretoria on Tuesday during the Senzo Meyiwa murder trial. 

The lesson was sparked by defence advocate Charles Mnisi’s line of cross-examination with state witness Sgt Moses Mabasa.

Further quoting from the same passage, Mokgoatlheng said: “A judge is an administrator of justice. He is not merely a figurehead. He has not only to direct and control the proceedings according to recognised rules of procedure but to see that the justice is done.”

This is as Mnisi was fixated on asking Mabasa why he described accused Mthobisi Mncube, who was identified in a picture in a report he compiled, as previously having dreadlocks.

Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa’s murder.

Referring to a picture of Mncube with another man, Mnisi questioned Mabasa about what he saw.

“I see two guys standing next to a wall with cans. One on the right with dreadlocks, a beige jacket and beige trousers. The other a red jacket and blue jeans. There are houses next to where they are.” said Mabasa.

The witness had also been asked to describe the man on the right of the photo by the state during his evidence in chief.

State prosecutor George Baloyi asked Mnisi what the purpose of this line of questioning was and what point he was trying to make.

Mnisi replied: “It is about credibility, I am well positioned to ask this witness on the evidence to test his credibility.”

When asked why he said Mncube had dreadlocks, Mabasa said it is because he has lines (cornrows) on his head.

Mnisi later said, “Are you a hair specialist, sir?”, prompting the judge to intervene.

" “He says he sees dreadlocks, now you are asking him if he is a hairdresser. Get to the meat of the cross-examination,” Mogkoatlheng said.

Mnisi eventually abandoned his line of questioning after telling the witness the man he identified to have dreadlocks in the pictures was Mncube.

“ Theman you have described in the photo is accused 3 here in court. There is no doubt about it,” Mnisi said.

The trial continues on Wednesday.

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