New advocate joins defence team in Senzo Meyiwa trial as case postponed to Tuesday

The trial of five men accused of murdering former Bafana Bafana goalkeeper Senzo Meyiwa will continue on Tuesday.

The case briefly resumed for the continuation of the “trial-within-a-trial” in the Gauteng High Court in Pretoria on Monday.

A new witness was expected to be called to testify, however, the matter was postponed after the defence requested an adjournment to consult.

Postponement

At the beginning of the proceedings, defence lawyer Sipho Ramosepele introduced Advocate Thulani Mngomezulu in court as new member of his legal team.

“He will be dealing with evidence regarding the aspects we covered from Friday and also in the future,” Ramosepele said.

Mngomezulu asked for a postponement as he would need time to consult with accused one, Muzikawukhulelwa Sibiya, and accused two, Bongani Ntanzi.

“I am ready to proceed as from tomorrow as arranged in relation to the evidence of the magistrate,” he said.

Mngomezulu also requested for retired Colonel Mhlanganyelwa Moses Mbotho and Nakedi Thapelo Monareng, who testified in the trial-within-a-trial last Friday, to be recalled for cross-examination.

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Judge Ratha Mokgoatlheng granted the postponement since the state did not object to the request.

“The court is amenable to the application of a postponement for instructions to Advocate Mngomezulu in respect of accused number one and accused number two. Our Constitution allows a litigant at any stage of the proceedings to augment or fire a legal representative,” the judge said.

Mokgoatlheng also issued an order that Mbotho and Monareng be recalled back to court.

The trial will continue without Advocate Charles Mnisi – unavailable until Wednesday – and will be afforded an opportunity to access records of proceedings in his absence, as well as the opportunity to cross-examine.

“All the evidence will be replayed in the presence of Mr Mnisi and if he so desires he can cross-examine and pursue any other aspect which transpired when he was not present in court,” Mokgoatlheng ruled.

Watch the trial below:

The court last week established a trial-within-a-trial to determine the admissibility of confession statements obtained from Sibiya and Ntanzi.

The defence has claimed both accused were assaulted and tortured into signing the statements.

Mbotho took the alleged confession statement of Sibiya on the day he was arrested on 30 May 2020.

The retired police officer, who testified on Friday refuted claims that Sibiya was assaulted, saying the accused made the statement voluntarily.

Charges

Meyiwa was fatally shot by what the state alleges were armed intruders at the Vosloorus family home of his then girlfriend, singer Kelly Khumalo, on 26 October 2014.

Five men – including Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli – are on trial for his murder.

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

The suspects have pleaded not guilty.

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