The murder trial of Senzo Meyiwa has been postponed in the Gauteng High Court in Pretoria, after one of the defence attorneys requested more time to prepare for the trial. After receiving a copy of the second docket relevant to the event, lawyer Zandile Mshololo, who represents one of the five individuals accused of murdering the former Bafana Bafana captain, requested a lengthy postponement from the court. The existence of two dockets on Meyiwa’s murder had already been reported by News24. The two dockets each had their own investigation team, which came up with different conclusions and listed separate suspects.
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The matter that is now being tried in court is on the first docket. The second appears to involve Meyiwa’s girlfriend, Kelly Khumalo, a singer and actor, as well as others. Mshololo requested a postponement while cross-examining the State’s first witness, Sergeant Thabo Mosia, because the State had just informed her of the existence of the second docket. Mshololo was irritated that the docket had not been delivered to her before the trial began. She stated that she needed to study the contents of the document before starting with cross-examination. Because of the late disclosure, she also suggested the possibility of bringing other applications.
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She previously stated that the late disclosure amounted to a miscarriage of justice since it interfered with her client’s right to prepare for trial. The prosecutor, attorney George Baloyi, stated that he did not have the second docket when the trial began and had battled to obtain it. As soon as he obtained a copy, he informed Mshololo. The other four defendants’ lawyer, Malesela Teffo, had already gotten a copy from the investigating officers who had created the second docket. After Teffo complained, the subject of the postponement had to be debated.
He made many arguments based on the two dockets, concluding that the second docket was not required for Mshololo to complete her cross-examination of Mosia. Despite the fact that Mosia, the first forensic fieldworker on the scene, had also sworn an affidavit in relation to the second docket, the case was dismissed. Teffo revealed this during cross-examination after focused on the second docket for the majority of his time. Judge Tshifhiwa Maumela eventually approved the postponement, stating that while all of the accused’s rights would be affected, the rights of accused five would be the most affected, since he should be given more time to prepare for his trial in light of the new information. Granting the postponement, on the other hand, would result in a two-day delay, given the case was only scheduled for Friday.
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Maumela further mentioned that the trial could be postponed for three months in the following semester. The hearing has been rescheduled until September. In September, the trial will resume for two weeks, followed by another two weeks in November. The court will still have to hear arguments on Teffo’s application in relation to the two dockets, as well as his challenge to the court’s jurisdiction to hear the case. Teffo initially claimed that the court lacked jurisdiction, which meant that the case could not be postponed. Teffo was asked by Maumela to file heads of argument in this regard. The case would be laid down for arguments in court once both the State and Mshololo had answered with their respective heads of argument.
