Wherever controversial artist Kelly Khumalo is, she will be stunned, if not paralyzed, when her watching brief, Advocate Magdalene Moonsamy, informs her that Advocate Malesela Teffo, the lawyer for accused 1-4 in the Senzo Meyiwa trial, has today dropped a huge bombshell that could turn the case on its head.

Following the state’s position that the director of public prosecutions in the South Gauteng division, was unlikely to pursue docket 375, which recommends that Kelly and all those present on that fateful day when Meyiwa was murdered, be prosecuted for obstructing the ends of justice for Meyiwa’s murder.

 

 

 

 

 

Teffo told the court that his clients will ask the state for a 𝘕𝘰𝘭𝘭𝘦 𝘱𝘳𝘰𝘴𝘦𝘲𝘶𝘪 certificate so that they can proceed with the case privately.

What is a 𝘕𝘰𝘭𝘭𝘦 𝘱𝘳𝘰𝘴𝘦𝘲𝘶𝘪 certificate?

– It is a legal notice or entry of record that the prosecutor, in this case, the NPA, has opted to abandon the prosecution on the basis that there are no reasonable prospects or merit for success.

– It may be entered in a criminal case any time, after the charges are brought or before the judgement is made on the matter.

– Epigrammagically put, it is given out by the NPA when they have declined against prosecuting.

Former President Jacob Zuma, for example, was recently given one after the National Prosecuting Authority (NPA) opted not to prosecute its prosecutor, Billy Downer SC citing insufficient evidence.

Teffo has consequently requested that the state make a decision, forthwith.

Although the DDP in South Gauteng has not made a decision in writing other than to state that the case against Khumalo was not watertight, it will most likely have to decide whether to prosecute or grant the certificate to Teffo, who appears to be ready to pursue the people in docket 375.

Suffice to say, the NPA, fearful of being accused of prejudice and of being exposed by Teffo if they provide the certificate and Teffo goes on to successfully indict Kelly and co, may still change their minds, as they did when Afriforum made the same request a few years ago.

Meanwhile, the case has been postponed till September after accused 5’s counsel, Advocate Zandile Mshololo, filed for a postponement on the grounds that she needed time in order to determine the status quo of the docket from the NPA.

What do you make of Teffo’s submission to be granted the 𝘕𝘰𝘭𝘭𝘦 𝘱𝘳𝘰𝘴𝘦𝘲𝘶𝘪 certificate?

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