The Senzo Meyiwa murder trial hit another hurdle again on Monday at the High Court in Pretoria, after accused 1 Muzi Sibiya dismissed his instructing Attorney, Sipho Ramosepele, forcing another postponement.
The trial within-a-trial was postponed two weeks ago and was expected to hear closing arguments in the matter.
But before proceedings could get underway, defence lawyer Advocate Thulani Mngomezulu informed the court that the Legal Aid Board had told him it would not pay him for the services he had offered to represent Sibiya in the trial within a trial.
“Over the weekend I was called by his uncle, who indicated they still require my services.
They would rather terminate the services of the Legal Aid Board and instruct me privately,” said Mngomezulu.
Mngomezulu is representing Sibiya and accused 2 Bongani Ntanzi in a trial-within-a trial, to determine the admissibility of alleged confessions, pointing out and warning statements by the accused when the police arrested them.
The two alleges that the confessions were made under duress and that they were not aware of some of the documents that they signed regarding their confessions.
In addition, Mngomezulu told the court that he had received instructions from Sibiya to reopen his case in the trial within-a-trial as he intends to call three police officers.
“There are certain witnesses he intended to call.
He instructed me to bring an application to reopen the defence case on his behalf and call the witnesses he intends to call.
According to the instruction and discussion we had, it relates to police officers, and I was told they have to be subpoenaed,” added Mngomezulu.
The three officers are former Gauteng Hawks boss Shadrack Sibiya, Warrant Officer Meshack Makhubo and Colonel Vincent Leshabane.
State Prosecutor Advocate George Baloyi however questioned the defence request, arguing that he doesn’t see how the three police officers are going to contribute to the proceedings.
“Naturally, this is a very unsatisfactory state of affairs.
We have progressed to a stage where heads have been filed and the matter must be argued today.
Now we hear the defence wants to reopen the case.
“We are busy with a trial within-a-trial,” said Baloyi.
But Judge Ratha Mokgoatlheng acceded to the defence request and postponed the case to Wednesday.
Meyiwa, the former Orlando Pirates and Bafana Bafana captain was killed in October 2014 while visiting his then girlfriend Kelly Khumalo’s parental home in Vosloorus.
Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli are standing trial for his murder and have all pleaded not guilty to his murder.
