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Defence Advocate Malesela Teffo wants Senzo Meyiwa’s murder trial to be heard at a different court.
Teffo says that the current proceedings at the Pretoria High Court do not have the jurisdiction to conduct the trial on the basis that the accused were “unlawfully” arrested in Johannesburg.
This prompted a heated exchange with the presiding officer, Judge Tshifhiwa Maumela, who cautioned Teffo against repeating statements and speaking when he had not been recognised.
Maumela insisted:
However, Teffo retorted that the issue of jurisdiction was pertinent in his defence and questioned a letter written by the National Director of Public Prosecutions (NDPP), Shamila Batohi.
“The honourable Batohi should be called here on the witness stand to tell us why this matter is not in Johannesburg. The letter shows her signature on February 9 2020, and when I looked at it, she signed it on a Sunday, which was the day when she was at home,” he said.
Teffo’s objection was on the backdrop of counsels deliberating on dates in September and November to allow defence Advocate Zandile Mshololo to peruse the contents of the second docket concerning her defence of accused number five Sifiso Ntuli.
Teffo vehemently opposed the postponement, saying that it would be a constitutional violation of his clients’ rights.
READ: Second docket in Senzo Meyiwa trial disregarded
He also contended that accused number one and two, Muzikawukhulelwa Sibiya and Mthobisi Mncube, were arrested “outside” and never appeared before a court of law within 48 hours.
State prosecutor George Baloyi said Teffo should reduce his submission into a formal application with heads of argument so that other concerned parties could respond. Baloyi said:
The five suspects – Mncube, Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa and Sifiso Ntuli – have pleaded not guilty to charges of murder, attempted murder, armed robbery, possession of an unlicensed firearm and possession of ammunition.
The matter was postponed to Tuesday.
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