Mshololo abandons court bid challenging nondisclosure of the second docket in Meyiwa case

Advocate Zandile Mshololo, the defence lawyer for one of the five men standing trial for the murder of former Bafana Bafana captain Senzo Meyiwa, has abandoned her application challenging the nondisclosure of the controversial second docket in court records.

Mshololo on Monday brought a special entry application regarding “irregularities” related to the state’s failure to disclose to her the contents of the second docket.

It included photos of the crime scene and the affidavit of Brigadier Johan Ndlovu, who died before the trial started.

The infamous second docket – known as case 375 – implicates Meyiwa’s then-girlfriend and singer Kelly Khumalo and six other witnesses who were in her mother’s Vosloorus home when the soccer star was shot and killed on 26 October, 2014 in an alleged botched robbery.

Mshololo had argued the late disclosure of case 375, midway through the trial, had violated her client’s right to a fair trial and prejudiced him from preparing a proper defence.

The state had opposed Mshololo’s special entry application, arguing it was premature. After meeting Judge Tshifhiwa Maumela today in chambers along with state prosecutor George Baloyi and instructing attorney Tshepo Thobane, Mshololo agreed to drop her application.

The judge agreed that Thobane, who represents accused numbers one to four, would submit his heads of argument to the court record without making oral arguments.

He also acknowledged Mshololo’s concerns about the late disclosure of the second record and ruled Brigadier Johan Ndlovu’s statement could be read in court as part of Mshololo’s cross-examination of state forensic officer sergeant Thabo Johannes Mosia.

Ndlovu was part of the police team that investigated Meyiwa’s murder in 2014 and gave Sergeant Mosia instructions on the night he collected forensic evidence.

Five men – Sifisokuhle Ntuli, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube and Mthokoziseni Maphisa – are facing charges in connection with the murder. They have pleaded not guilty.

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