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Judge Ratha Mokgoatlheng expressed frustration at the delays in the trial, calling it an abuse of the system.
Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2024. Picture: Gallo Images/Phill Magako
After a two-month hiatus, the murder trial of former Bafana Bafana captain Senzo Meyiwa has been delayed again.
The trial was expected to resume in the Gauteng High Court in Pretoria on Monday.
However, proceedings were once again delayed, prompting frustration from the presiding judge.
Advocate Charles Mnisi, who took over the defence of accused number one, Muzikawukhulelwa Sibiya, was set to cross-examine Brigadier Bongani Gininda, the lead investigator in the case.
Mnisi stepped in after the death of Sibiya’s former lawyer, Thulani Mngomezulu, in December last year.
But as court resumed, Mnisi — who also represents accused number three, Mthobisi Mncube — requested yet another postponement, citing the need for more time to prepare.
“My Lord, I have done the best that I can. My life actually came to a standstill,” he told Judge Ratha Mokgoatlheng.
The defence lawyer explained that he has been perusing the 40 000 pages of evidence submitted in the case.
“I was supposed to go run the Two Oceans [Marathon] last week Saturday and I had to forfeit my registration because I had no other option, but to concentrate on this case.”
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While Mokgoatlheng remarked that he had read all the pages himself, Mnisi stressed that his task involved more than just reading.
“[I had to] read, analyse, compare and contrast [as well as] to formulate my argument in respect of the cross-examination.”
He insisted that he was not ready to proceed.
“If I had to come and tell the court that I am ready that will be an injustice to Mr Sibiya.”
Mnisi admitted he had “underestimated” the volume of documentation involved.
“The work that I needed to cover was too voluminous.”
The request sparked frustration from Judge Mokgoatlheng, who criticised the repeated delays, calling it an abuse of the system.
Prosecutor George Baloyi informed the judge that Mnisi had been actively requesting transcripts and had been “hard at work”.
Baloyi said the state was not in a position to oppose the request, but expressed concern over the fact that Gininda has been on the witness stand since November.
“It’s now six months in the witness box. It’s unfair on him [as] his other professional duties are on hold and it is in the interest of justice that at some point his cross-examination should be finalised,” he said.
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Mokgoatlheng was still unhappy.
“I gave you two months and three weeks, even the Judge President [Dunstan Mlambo] fought with me,” he said, adding that the prosecution team also had other matters to attend to.
“There is nothing mysterious about murder,” the judge continued.
He reluctantly agreed to one final postponement, setting the next court date for Tuesday, 22 April.
“This is real abuse and people who are seeing this think I am too lenient or I enjoy doing this.”
Mnisi responded by saying he may consider stepping away from the case if forced to proceed without being ready.
However, Mokgoatlheng stood firm on his ruling.
“It cannot go on and on. So Mr Mnisi, you must be ready on Tuesday, we will continue on that day.”
Sibiya is one of the five men on trial for Meyiwa’s murder.
The former Orlando Pirates goalkeeper was fatally shot while visiting his then-partner Kelly Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.
Along with his four co-accused, Sibiya has pleaded not guilty to charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm and possession of ammunition.
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