Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
Proceedings in the Senzo Meyiwa murder trial became heated on Wednesday after it emerged that confidential information was allegedly shown to the accused.
This after Sergeant Vusimuzi Mogane returned to the Gauteng High Court in Pretoria for the continuation of his cross-examination.
The state witness has been giving evidence in a trial-within-a-trial, which is currently taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused in the main trial.
On Tuesday, Judge Ratha Mokgoatlheng had ordered Mogane to disclose information relating to the cases he investigated on 18 June 2020.
This was the day Mogane and other police officers took accused number one, Bongani Ntanzi, to his place of work at Sibanye Stillwater Mine in Carletonville to confirm the suspect’s alibi regarding his whereabouts on the day was Meyiwa was killed.
After the visit, Ntanzi was not immediately returned to the police station in Pretoria where he was detained following his arrest on 16 June 2020.
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The suspect instead accompanied Mogane and his colleague while the police officers conducted other investigations.
Ntanzi was only booked back at the police station at around 02:30am on 19 June.
When quizzed about the investigations he attended to during his cross-examination on Tuesday, Mogane said he can’t divulge any information since the cases were sub-judice and not yet finalised.
In light of this, Mokgoatlheng ordered Mogane to provide the information on a note to only the court, the state and the defence.
During proceedings on Wednesday, Mogane told the court he saw the accused men in the trial with the document during the 45 minute adjournment.
“I saw the document roaming around in court. I saw [accused one Muzikawukhulelwa Sibiya] in possession of it and all the accused were reading it. I do not know who gave it to them,” the witness said.
The officer said the disclosure of the contents of the document could possibly put the lives of witnesses in danger as the cases involve some of the accused.
“In all these cases, there are firearms that are involved. People were shot, people were kidnapped and others were threatened. So I am worried if the witnesses will still be alive tomorrow,” Mogane said.
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He said that the document contained case numbers that can be retrieved in the South African Police Service (Saps) system and, therefore, the names and addresses of witnesses could be easily found.
Mogane also pointed out that Sibiya and Ntanzi’s lawyer, Advocate Thulani Mngomezulu, brought a document that showed information about a KwaNongoma murder case during his cross-examination.
“I am not accusing Advocate Mngomezulu, but he brought a certain Nongoma case which is from our system… and on top, it shows that the person that retrieved that case is Sergeant Mngomezulu. I’m not sure if that sergeant is related to him or not.
“So thus I am afraid that will others would be able to retrieve the same information as he received it. I would also like to ask when I brought that document, was it for the defence or was it for the accused,” he said.
State prosecutor George Baloyi had made copies of the original document and provided it to the defence lawyers.
The judge said he was “shocked” by Mogane’s claims.
“That document was supposed to be perused by me first because I’m aware of the Intelligence Act that certain documents are classified,” he said.
“I was trying to avoid a situation where in South Africa judges are accused of being bought, being captured and all that nonsense. I am shocked that senior counsels like this can actually behave in this manner. I explicitly said it’s only for the court officials,” the judge continued.
Mngomezulu defended himself, saying he didn’t consult with the accused.
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Accused three Mthobisi Mncube’s lawyer, Advocate Charles Mnisi shared the same sentiments and expressed concern about the judge’s utterances.
“It seems as if all of us just decided to stand up and give the documents to the accused. I didn’t consult with my client this morning… I don’t know if he saw the document or not,” Mnisi said.
Advocate Zithulele Nxumalo, counsel for accused four Mthokoziseni Maphisa, said his client had seen the document as he consulted with him on one of the cases already mentioned in Mogane’s affidavit.
Meanwhile, Advocate Zandile Mshololo, representing accused five Fisokuhle Ntuli, said the suspects were discussing the indictment and not the confidential document.
“I have not read or consulted my client on the document. My client informs me they were reading the charge sheet,” Mshololo said.
After the lunch break, Mokgoatlheng ruled that the confidential document that was shown to the accused “irregularly” be shared with the defence and the suspects as well.
“If anybody wants to use the information which was so irregularly divulged, you are at liberty to do so. You can read it and share it with your clients. That’s why I insisted that the document should be given to your clients, so it mustn’t be said this information was withheld,” he told the defence.
The judge had initially expunged the document from proceedings before the lunch adjournment on the basis that other peoples’ lives could be jeopardised.
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