Senzo Meyiwa murder: Kelly Khumalo's lawyer still may not conduct watching brief, access documents

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Kelly Khumalo's lawyer, Magdalene Moonsamy.
Kelly Khumalo's lawyer, Magdalene Moonsamy.
PHOTO: Kgomotso Medupe
  • Kelly Khumalo's lawyer was denied the right to conduct a watching brief in the Senzo Meyiwa murder trial.
  • Prosecutor George Baloyi said lawyer Magdalene Moonsamy had also requested access to court proceedings and case dockets. 
  • Judge Tshifhiwa Maumela said the court stood by its previous ruling which denied Moonsamy watching brief rights. 

The Gauteng High Court in Pretoria on Monday said it stood by its previous ruling to deny singer Kelly Khumalo's lawyer the right to conduct a watching brief during the trial of the five men accused of murdering Khumalo's boyfriend and father of her child, Bafana Bafana goalkeeper Senzo Meyiwa. 

Proceedings were delayed when the court heard that Khumalo's lawyer, Magdalene Moonsamy, had submitted a letter asking permission to conduct a watching brief for her client.

WATCH LIVE | Senzo Meyiwa trial: Cross-examination of third state witness expected to continue

Prosecutor George Baloyi told the court that Moonsamy had also requested copies of the case dockets and transcripts of court proceedings, including the bail application of one of the accused, Bongani Ntanzi.

Ntanzi, Muzikawukhulelwa S'Tembu Sibiya, Mthobisi Prince Mncube, and Mthokoziseni Ziphozonke Maphisa are currently on trial for the soccer star's murder.

Moonsamy's letter was dated 1 November. Baloyi said the State opposed her request, adding that the court had already ruled on the matter.

Baloyi said:

What our colleague is asking for is more than what a watching brief is entitled to. She cannot be afforded greater rights than other watching briefs.

TT Thobane, the lawyer representing four of the accused, also objected to Moonsamy’s request, saying she was wasting the court's time.

"She needs to draw the line between law and politics. In law, there is ethics and protocols to follow. We will object to her request because she didn't even follow the correct procedures."

Ntuli's lawyer, advocate Zandile Mshololo, also opposed the application.

Mshololo said: "The interest Ms Kelly is trying to show in this court is going to compromise the trial of this court."

"She is demanding to have information before she comes to testify, which is not allowed in law. This case is broadcasted, which is compromising on its own.

"Let them watch the proceedings outside and follow it on television," Mshololo added.

During court proceedings in April, Judge Tshifhiwa Maumela asked that Moonsamy should be excused from the court "for the sake of the purity of the process".

"The court stands by the ruling it has made," Maumela said on Monday.

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