THE quest to find the killers of former Bafana Bafana and Orlando Pirates goalkeeper, Senzo Meyiwa saw a positive progress this year even after a couple of delays, which included a change in the presiding judge.
It has been nine years since Meyiwa's death after he was allegedly shot during a botched robbery in Vosloorus where he was with his then girlfriend Kelly Khumalo, her sister Zandie Khumalo-Gumede, her then boyfriend Longwe Twala, their mother Gladness Khumalo, as well as two of his friends - Mthokozisi Thwala and Tumelo Madlala.
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Five men, Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa face charges which include premeditated murder, attempted murder of Zandie, assault, armed robbery, possession of firearms without a licence and illegal possession of ammunition. They have pleaded not guilty to all the charges.
Let the drama begin
The trial got under way in May 2023 in the North Gauteng High Court and as always, it was not without drama.
Some of the drama included Zandie demanding that her face and testimony not be broadcast by the media.
After a back and forth in court, with the media getting their own legal representative, the court ruled in the media’s favour on condition that her face is not shown or broadcast.
This led to the matter starting from scratch and those who had testified being called back to give fresh testimony.
Enter a new judge
Retired Judge Ratha Mokgoatlheng was called to take over and he came off as a no-nonsense judge who loathed unnecessary postponements.
He was also accused by social media users of being biased against the defence, but Gauteng Judge President Dunstan Mlambo said they had not received any complaints about Mokgoatlheng’s conduct on how he was running the case.
Mlambo instructed Mokgoatlheng to quickly conclude the case and avoid any unnecessary delays.
The accused also bought in new representatives, which included Advocate Charles Mnisi for accused number three, Advocate Zithulele Nxumalo for accused number four and later Advocate Thulane Mngomezulu working hand in hand with Attorney Sipho Ramosepele for accused one and two.
Witnesses take the stand
The matter started from scratch in July 2023 and only took a two-week break in September 2023.
During that time, witnesses were called including Senzo’s friends, Mthokozisi and Tumelo, the Khumalo’s former neighbours, Zandie, traditional healers, experts, the accused's friends and police officers.
The first witness to take the stand was Tumelo followed by Mthokozisi, then Zandie, who told the court how she couldn’t dial 10111 after Senzo was shot. She even went as far as doing a dock identification against accused number two, Ntanzi.
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One of the witnesses, Constable Skhumbuzo Zungu told the court that all five accused were together at a party at Sotho Hostel in Vosloorus on the day Senzo was gunned down. He also revealed that they celebrated his death with whisky.
While giving damning evidence against the accused, he was threatened while on the stand by accused number five Ntuli by making a gun trigger gesture, but unfortunately for him it was caught on camera.
Mokgoatlheng revealed that the accused has been threatening witnesses on the stand. With all the evidence against the accused, they were excluded by the DNA.
Experts have their say
The drama continued when a telephone expert linked the accused with Kelly.
A ballistic expert also pointed out that the gun that shot Senzo was found in possession on accused number three, Mncube including the bullet projectile found at the scene.
A retired forensic pathology expert Dr Johannes Steenekamp gave some spine-chilling evidence that Senzo wouldn't have survived for long after he was shot.
He said the injuries he sustained were fatal.
DNA and forensic expert, Phineas Masetla said all the swabs and scotch he tested excluded all the accused as they did not get the full profile match in all the regions of the swabs.
Trial within a trial
The trial then turned into a trial within a trial when the state wanted the court to admit confession statements, pointing out statements made by accused number one and two.
The accused had claimed that they were tortured to confess and they fought for the court to dismiss that evidence. The state called several witnesses who corroborated each other’s testimonies that the accused gave the statements willingly and that they were never assaulted or forced to make them.
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Towards the end of this year’s proceedings, the court saw a scuffle break between the accused and prison wardens, leading to a case being opened against three of the accused.
Lead investigator of the case, Brigadier Bongani Gininda, is currently on the stand during the trial within a trial and will continue to give evidence when the matter resumes on 22 January 2024.
