Senzo Meyiwa: 2nd docket ‘implicating’ Kelly Khumalo finally appears, halting murder trial

The lawyer for one of the five men standing trial for the murder of former Bafana Bafana captain, Senzo Meyiwa, has accused the state of violating her client’s constitutional rights to a fair trial, as a controversial docket pertaining to Kelly Khumalo finally made its way into proceedings.

Senzo Meyiwa murder trial

Advocate Zandile Mshololo, who represents accused number five, Sifisokuhle Ntuli, on Wednesday asked the Pretoria High Court for the postponement of her cross-examination of forensic detective, Thabo Mosia.

This after advocate Mshololo said she could not proceed with her questions because the state had only provided her on Wednesday morning with the second docket in the murder case.

The infamous second docket – known as case 375 – alleged that Meyiwa’s girlfriend, singer Kelly Khumalo, accidentally shot the soccer star at her mother’s Vosloorus house on 26 October 2014.

The docket recommended that Khumalo and the six other people who were inside the house be charged with murder and defeating the ends of justice.

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Advocate Mshololo argued that the late disclosure of the docket when the trial had already started prejudiced her client’s rights to a fair trial.

“The non-disclosure of such a document to accused number five violated his rights to be given further particulars [and] all information that is in possession of the state in order to prepare his defence,” Mshololo said.

She said this was not the first time the state had violated her client’s legal rights.

“This is the second violation of accused number five’s constitutionals rights. You will recall at the beginning I had to also ask for a postponement because of the late disclosure of the documents of certain witnesses, two weeks before the trial started.

“And now the whole docket is only disclosed during the trial or when the trial had already started,” Mshololo argued.

Clarity on two dockets

Mshololo requested a postponement from Judge Tshifhiwa Maumela, saying she needed more time to study the document and get clarity on the status quo of the two dockets from the National Prosecuting Authority (NPA).

“If there are two decisions, one taken by the director of public prosecutions in South Gauteng and the other one taken by the director of public prosecutions in North Gauteng, to charge the accused before this court; then I need clarity on that from the NPA before I can be able to proceed with cross-examination,” she said.

State prosecutor George Baloyi told the court the state also received the second docket on Wednesday morning.

“In fact, I received two copies and I gave one copy to my learned friend,” Baloyi said.

Trial delays

Although the state said it was not opposed to the postponement of the trial, Judge Maumela raised concerns about further delays in the case.

“Finding the time and ensuring that this case is speedily finalised has been my objective from the word go,” he said.

Judge Maumela eventually agreed to postpone the trial to Monday, to allow advocate Mshololo time to seek clarity on the status of the two dockets.

“This matter is postponed with the accused in custody until next Monday, 13 June 2022, in order to give space and time to advocate Mshololo to deal with the discovery in terms of docket 375 that has been made available to her this morning,” he ordered.

Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, and Mthokoziseni Ziphozonke Maphisa face a string of charges over Meyiwa’s murder in October in 2014.

The group has pleaded not guilty to the charges against them.

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