Senzo Meyiwa murder: Trial postponed after defence lawyer claims they were 'ambushed by State'

play article
Subscribers can listen to this article
The five suspects involved in the 2014 murder of Senzo Meyiwa in the Boksburg Magistrate's Court.
The five suspects involved in the 2014 murder of Senzo Meyiwa in the Boksburg Magistrate's Court.
PHOTO: Rosetta Msimango/City Press
  • The murder trial of Bafana Bafana goalkeeper Senzo Meyiwa was meant to get under way on Monday.
  • It was postponed after one of the lawyers said she had not had enough time to consult with her client.
  • The judge ordered that the defence be allowed to consult with some of the accused.

The trial of five men charged with the murder of Bafana Bafana goalkeeper Senzo Meyiwa has again been postponed.

It was due to start on Monday, but before it got under way, advocate Zandile Mshololo, who is representing accused number five, Fisokuhle Ntuli, told the court that she was not ready to proceed and felt ambushed by the State which had given them certain statements two weeks before the trial.

She said: 

The conduct of the State withholding statements violated accused five's Constitutional Court right to be given particulars and further particulars to enable him to prepare his defence cases.

"In another way, accused five had just been ambushed by the State... to reveal such critical statements at the 11th hour," she said.

In response to this, prosecutor George Baloyi said three witness statements had been disclosed to the defence later than the rest of the dockets because the three witnesses had feared for their lives. Baloyi said that some of these witnesses had been placed in witness protection.

Mshololo also said that she was having difficulty consulting with her client.

Ntuli is currently serving time in KwaZulu-Natal after he was convicted of the murder of an ANC ward councillor and others.

His reign of terror in northern KwaZulu-Natal started in KwaNongoma in 2015, when he killed Bhutiza Mahlobo.

Killing spree

The following year, he killed ANC ward councillor Thami Goodwill Nyembe while he and his wife were driving in their car. Nyembe's wife was severely injured.

He also killed brothers Sibusiso Phiwayinkosi, Mcebisi and Sibusiso Elvis in January 2017, and murdered Sphamandla Zungu in August 2018.

"I have not been able to consult with my client about this crucial evidence that was disclosed two weeks back. He is being kept in a Kokstad prison (in KwaZulu-Natal) that is far away from my chambers in Durban. When we made arrangements to consult, we were not allowed by correctional services," said Mshololo.

In response to this, Baloyi said that it was not fair to blame the State, as it seemed the issue was the Department of Correctional Services allowing her to consult with her client.

Baloyi said: 

It was not brought to the State's attention that there were problems with consultants. As I am saying, it is all too easy to blame the State when there are other reasons that are causing the delay.

Ntuli – along with Muzikawukhulelwa S'Tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube and Mthokoziseni Ziphozonke Maphisa – has been charged with Meyiwa's murder.

The football star was gunned down in October 2014 at the Vosloorus home of his girlfriend, singer Kelly Khumalo.

The matter has been postponed until Tuesday and Judge Tshifhiwa Maumela has ordered that the defence be allowed to consult with their clients.

We want to hear your views on the news. Subscribe to News24 to be part of the conversation in the comments section of this article.

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month. You can cancel anytime and if you cancel within 14 days you won't be billed. 
Subscribe to News24
Voting Booth
Are you going to keep wearing a mask following the announcement that it is no longer required under law?
Please select an option Oops! Something went wrong, please try again later.
No ways, I'm done
41% - 2922 votes
Yes, I still want to be cautious
21% - 1511 votes
Only certain circumstances
37% - 2655 votes
Rand - Dollar
Rand - Pound
Rand - Euro
Rand - Aus dollar
Rand - Yen
Top 40
All Share
Resource 10
Industrial 25
Financial 15
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.