As the high-profile trial of the 2014 murder of South African football icon Senzo Meyiwa continues to capture the nation’s attention, all eyes are on accused number four, Mthokoziseni Maphisa, who will learn on Tuesday morning whether his bid to have charges against him dismissed will be successful. Maphisa stands out among the five accused, as he is the only one to formally apply for discharge in the North Gauteng High Court in Pretoria.
With the prosecution asserting that Maphisa should remain on trial, the defence is casting doubt on the credibility of the evidence presented against him. Defence counsel Zithulele Nxumalo has contended that there is insufficient evidence to establish Maphisa’s connection to Meyiwa’s death. “According to the version of the state, the only witness who met and placed the accused at Vosloorus hostel on the 26th of October, 2014 was Constable Sizwe Zungu, who is a single witness. It is a tight law that a court should approach the evidence of a single witness with caution. Constable Zungu was not corroborated in all material respect,” Nxumalo argued.
In response, State Prosecutor Advocate George Baloyi has countered that the evidence gathered is compelling enough to warrant Maphisa’s continued prosecution. Baloyi pointed to two confessions made by accused number two, Bongani Ntanzi, which allegedly place all five defendants at the scene of Meyiwa’s murder, asserting that this testimony underpins the state’s case against Maphisa. The conflict between the defence’s assertions and the prosecution’s claims sets the stage for a pivotal moment in a trial laden with public interest.
The outcome of Maphisa’s discharge application holds significant consequences; should he succeed, he will be acquitted of all charges and released. Conversely, if the court denies his application, the defence’s case will commence, which will likely involve calling witnesses in a bid to demonstrate his innocence.