Accused one, Muzikawukhulelwa Sibiya, left, and accused two, Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
One of the five men accused of murdering former Orlando Pirates and Bafana Bafana goalkeeper Senzo Meyiwa has fired his lawyer, while the trial was postponed.
The Gauteng High Court in Pretoria was expected to hear closing arguments from the state and defence of the trial-within-a-trial on Monday.
The trial-within-a-trial, which started in October 2023, has been taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused.
During proceedings, defence lawyer Thulani Mngomezulu informed the court that he would represent accused one, Muzikawukhulelwa Sibiya beyond the trial-within-a-trial.
Sibiya has been represented by attorney, Sipho Ramosepele since the re-start of the murder trial in July last year.
“After discussions and consultation, it has been made clear to accused one particular that the legal aid board has made a final decision that I will not be paid for the work I have done since I started in the trial-within-a-trial.
“[This] was communicated to accused one over the weekend and subsequent to that, I was called by his uncle who indicated to me that they still require my services [so] they would rather terminate of the [mandate of Mr Ramosepele] and instruct me privately,” Mngomezulu said.
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Ramosepele confirmed that he will not act on behalf of Sibya, however, he would continue to represent accused two, Bongani Ntanzi.
Regarding the closing arguments, Mngomezulu said he was unable to proceed with the matter.
“I have started with the heads of arguments. It was even before [the state] emailed [their] heads of arguments and I was interrupted in the process… I said I cannot involve myself in the matter if I am not going to be paid. I’m not finished with my heads,” the lawyer explained.
He said Sibiya had instructed him to call more witness to testify for the defence in the trial-within-a-trial.
“As it stands, he instructs me that I must bring an application to reopen the defence’s case on his behalf and call the witnesses he intends to call.”
Mngomezulu said the three witnesses, who are members of the South African Police Service (Saps), could be available to testify this week should the court accede to the defence’s request.
The defence lawyer told Judge Ratha Mokgoatlheng there would be no prejudice on the state and also reminded the court that Sibiya had a right to a fair trial.
“The state has led 18 witnesses and those witnesses were afforded the opportunity to elicit evidence,” Mngomezulu added.
State prosecutor, George Baloyi expressed his discontentment over the request.
“This is a very unsatisfactory state of affairs. We have progressed to a state where heads have been filed and the matter must be argued today,” the prosecutor said.
Baloyi proposed that the case be postponed “for a few days” so the defence can have its issues sorted out.
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Mokgoatlheng reminded Mngomezulu that he had given the defence three days, including a weekend, to consult on issues of witnesses.
“Then you came back you said you had discussed with your client and you decided to close accused one’s case. That’s what you said,” he said.
The judge granted the defence’s request, saying the court will “bend backwards” because he does not want to be accused of having led an unfair trial.
The case will resume on Wednesday.
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