Tshepo Thobane, the defence lawyer for two of the five accused in the Senzo Meyiwa trial, said he will await fresh instructions on whether to proceed with an application to review the proceedings at another court.
The men on trial are Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli and have all pleaded not guilty to charges of murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition.
While the trial has been postponed and is expected to resume in May 2023 to allow the new defence lawyer time to study the contents of the case, Thobane said he will wait for instructions from his clients on whether to apply for a review of the case as earlier indicated.
Two trialists, Sibiya and Ntanzi have terminated the services of their advocate Thobane and appointed new defence lawyer Sipho Ramosepele.
Thobane will now represent Mncube and Maphisa. While Advocate Zandile Mshololo will continue representing Ntuli.
Last week Thobane told the court he intended to bring an application for another court to review the proceedings, arguing that the pending decision by the Director of Public Prosecution (DPP) on the unsigned indictment implicating people who were in the house when the Orlando Pirates skipper was shot and killed, is putting witnesses in a corner ”and a violation of the suspects constitutional rights”.
It is alleged that five people were in the house when Meyiwa was shot and these were Khumalo, her sister Zandi, their mother Gladness, Chicco’s son Longwe Twala and Meyiwa’s friends Mthoko Thwala and Tumelo Madlala.
Earlier this year, an unsigned indictment emanating from the ‘second docket’ indicated that the people who where in the house, were supposed to be charged with murder and defeating the ends of justices.
The DPP has written to the court on the unsigned indictment saying it was an opinion of a junior advocate and a decision will be made after the trial is concluded.
