‘No other option’: Senzo Meyiwa murder trial postponed to next year

The murder trial against five men accused of killing former Bafana Bafana goalkeeper Senzo Meyiwa has been adjourned until next year.

The case resumed for the continuation of Brigadier Bongani Gininda’s cross-examination in the Gauteng High Court in Pretoria on Thursday.

Gininda, who was the lead investigator of Meyiwa’s murder, has been giving evidence in a trial-within-a-trial, which has been taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused.

Postponement

After a lengthy adjournment for Advocate Thulani Mngomezulu to find the correct documents on Thursday, the defence lawyer requested for a postponement.

“We have discussed with my colleagues that in the situation, I have indicated to [my colleagues] that I’m not feeling well.

“I need to consult a doctor and the days we suggested as from next week, it shows that it won’t be prudent for us to sit until then. So an arrangement was made that the matter should be adjourned until the 22nd of January,” he told the court.

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State prosecutor, Advocate George Baloyi confirmed the agreement as Friday was the last day for a court sitting before the recess period.

“We have no other option than to fall within those arrangements. In any case, I think we were going to sit until tomorrow, but the roll planner indicated that this is a special court for the matter for the 22nd is in order,” Baloyi said.

Judge Ratha Mokgoatlheng acceded to the postponement.

“Can you see yesterday I was not interfering. You were not feeling well Mr Mngomezulu. You don’t have to answer me,” Mokgoatlheng jokingly said.

Judge and defence standoff

Proceedings became a bit tense on Wednesday after Mngomezulu insinuated that the judge kept disturbing his cross-examination of Gininda, who is the head of the national cold case investigative unit within the South African Police Service (Saps).

Mngomezulu had put it to Gininda that his client, Muzikawukhulelwa Sibiya, was only charged with Meyiwa’s murder almost three months after his arrest for a different case.

Sibiya was arrested on 30 May 2020 for a drug dealing case while he was being investigated for his alleged involvement in Meyiwa’s shooting.

WATCH: ‘Sizokushaya’ – Scuffle breaks out in court during Senzo Meyiwa trial

The defence lawyer argued that while the accused was formerly charged in August 2020, he was served with a notice of his rights a day before he appeared at the Boksburg Magistrate’s Court for the first time on 27 October in connection with Meyiwa’s killing.

But Gininda denied Mngomezulu’s suggestion and indicated that copies of Sibiya’s warrant of arrest, his notice of rights and his charge sheet were contained in the docket.

It was at this point Mokgoatlheng read part of the charge sheet out loud in court.

“Let’s show some people here because it appears I know the case better [than] some people here. Just show counsel also there because, according to this witness, that tallies with what this witness is saying, not that there was an appearance in August.

“No, no, we are not arguing. Wait, wait, Mr Mngomezulu please. Let them show you that document and show the others, because that is what this witness is saying,” the judge said.

Watch Wednesday’s proceedings below:

Mngomezulu said Mokgoatlheng kept interjecting.

“I am still coming to the issue of the charge sheet, my lord. I just want to clarify this because now the court wants to. The reason why I am dwelling on this aspect. This is the first time to hear about the [warrant of arrest].

“I need to thoroughly consult with accused number one and number two, to my satisfaction, so that I can proceed to cross-examine the witness, especially on the charge sheet. There are certain parts in the docket where accused number one has just indicated to me that he wants to be shown a part where his thumb print was placed on the docket,” the defence lawyer said.

READ MORE: ‘I’m not an idiot’: Judge warns accused in Senzo Meyiwa trial after ‘pulling trigger’ gesture

Mokgoatlheng, however, denied interfering and pointed out that Gininda was being “badgered” about the same matter.

Mngomezulu: “My lord, I will request an adjournment, because if the court is disturbing my cross-examination, you are taking me out of the line.”

Judge: “No, I can’t.”

Mngomezulu: “May I stand the matter down until tomorrow?”

Judge: “No ways, just continue.”

The advocate further argued he only joined the Meyiwa trial at the stage of the trial-within-a-trial and, therefore, he had not thoroughly analysed some documents in the case.