After years of court delays and witness testimonies, the State has formally ended its case in the murder trial of former Bafana Bafana goalkeeper Senzo Meyiwa.
State closes its case in Senzo Meyiwa murder trial
The trial, which has been running for two years under the leadership of retired Judge Ratha Mokgoatlheng, now shifts to the defence, who are preparing a legal move that could significantly impact the outcome.
What is a Section 174 discharge application?
On Thursday, defence lawyer Advocate Charles Mnisi informed the court that they intend to file a Section 174 application. This is a legal step taken when the defence believes there is not enough evidence presented by the State to justify continuing the trial against one or more of the accused.
In simple terms, they are asking the court to throw out the charges because the State did not prove its case.
Mnisi added that Legal Aid South Africa, which is paying the legal fees for the accused, still needs to decide whether it will also fund this new application.
The court will reconvene in two weeks to hear Legal Aid’s decision.
Summary of the State’s position
State prosecutor George Baloyi said the prosecution had completed its role in leading witnesses and presenting evidence.
He reminded the court that the defence could still call any witnesses the State chose not to use.
“We make all witnesses who haven’t been called to testify available to the disposal of the defence,” Baloyi stated.
The State concluded its case exactly two years after the trial restarted under a new judge. This followed the medical retirement of the original presiding officer, Judge Tshifhiwa Maumela.
Judge rules on prison transfer for accused number five
Also on Thursday, Judge Mokgoatlheng upheld an earlier court order to transfer accused number five, Fisokuhle Ntuli, from Kgosi Mampuru Prison in Pretoria to Leeuwkop Prison in Johannesburg.
Ntuli had told the court that he was being mistreated, including being tortured and denied basic items like blankets, while in custody at the C-Maximum section.
The Department of Correctional Services had asked the court to keep Ntuli at Kgosi Mampuru, promising to ensure he would be brought to court on time. However, Judge Mokgoatlheng said they must submit a formal application if they want the court to change the existing order.
“I’m going to leave the order as it stands,” the judge ruled.
“You can bring an application for recession, okay, no problem.”
What happens next?
The trial is expected to resume in two weeks. At that time, the court will consider whether the defence can proceed with the Section 174 application and whether Legal Aid will cover it.
If the court agrees to hear the application and finds in favour of the defence, some of the accused could be released without having to present their own defence.
The trial remains one of South Africa’s most closely followed murder cases, stemming from the 2014 shooting of Senzo Meyiwa at the Vosloorus home of his then-girlfriend, singer Kelly Khumalo. Five men are currently standing trial for his murder.