Picture File: Five men standing trial for the murder of former Bafana Bafana captain Senzo Meyiwa. Picture: Nigel Sibanda
The state’s next witness in the trial against the five men accused of killing former Bafana Bafana captain Senzo Meyiwa has objected to her testimony being broadcast live by the media.
The murder trial resumed on Monday morning at the North Gauteng High Court in Pretoria. State Advocate George Baloyi informed presiding Judge Tshifhiwa Maumela that the witness expressed reluctance to testify while the trial was being broadcast live due to concerns about her personal safety.
The witness, whose name is yet to be disclosed, is said to be a public figure and was present on the day Meyiwa was killed in October 2014.
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Advocate Baloyi said that the woman had no objections to journalists being present in the courtroom. However, she strongly expressed her concerns regarding the live broadcast of her audio or visuals, fearing potential public ridicule and harm to her reputation.
The state prosecutor asked Judge Maumela that in the “interests of justice”, the state’s application should be granted.
Advocate Zandile Mshololo, the defence lawyer for one of the accused men, revealed that she had been notified of the arrival of the lawyer representing the media. The media is likely to challenge the state’s application.
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Advocate Mshololo made a request for the defence lawyers to make their submissions on the state’s application in the meantime.
She further highlighted that the media expressed concerns over being informed about the state’s application only on Monday morning. Advocate Baloyi added that the witness had requested on Sunday evening for her testimony not to be broadcast live.
“I have just been informed that the media is still arranging the briefing of a legal representative to come and represent them.
“However, we have discussed with my learned colleagues here, as defence counsels, that we would like to proceed with our responses while the media is sorting out the appointment of their legal representative,” said Mshololo.
In her submission, Advocate Mshololo contended that the witness was already widely recognised by the public and had been actively engaging in commentary about the trial on social media and also took part in Netflix documentary on Meyiwa’s murder – Senzo: Murder of a Soccer Star.
“There is no evidence that has been placed before this court to say as a result of her participating on the Netflix [documentary], this is what she has suffered… instead of what we know is that she has been paid for participating [in the documentary and] she benefited without any prejudice.
“…It is my submission that this court should not entertain that application. This court should not grant the application.”
Defence advocate Sipho Ramosepele, representing accused number one and two, countered the state’s witness’s objections, dismissing them as “flimsy”.
Advocate Ramosepele argued that the trial should not be held hostage to such objections. He pointed out that previous witnesses had testified in court without their faces being shown on camera, emphasising that the current witness should not receive special treatment in this regard.
“Her objection and her reasons provided therefore are flimsy,” said Ramosepele.
Advocate Charles Mnisi, one of the other defence lawyers, agreed with his colleagues and argued the trial was in the public interest.
“The reasons that she gave, indeed they’re very flimsy. They’re neither here nor there, my lord,” he said.
The state’s fourth witness Mthokozisi Thwala, who was also present on the day Meyiwa was killed, wrapped up his testimony last week after being on the stand for several days.
Bongani Ntanzi, Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa face various charges including premeditated murder and attempted murder in connection with Meyiwa’s murder.
The footballer was gunned down in what has been described as a botched robbery at the family home of his then-lover and musician Kelly Khumalo, in Vosloorus, east of Johannesburg.
Court proceedings have been adjourned until 2pm.
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