The Pretoria High Court is due to hand down judgment today in the Senzo Meyiwa murder trial, focusing on a discharge application brought by accused number four, Mthokoziseni Maphisa.
What is happening today in the Senzo Meyiwa trial?
Maphisa asked the court to dismiss the charges against him, saying the State failed to prove its case.
If the judge agrees, Maphisa will be acquitted of Meyiwa’s murder.
However, he will remain in prison as he is already serving a life sentence for a different murder.
What is a Section 174 application?
Maphisa’s legal team made their request using a legal process called a Section 174 application.
In simple terms, Section 174 allows the court to drop charges before the defence even starts its case, if the judge believes the prosecution (the State) has not provided enough evidence. If successful, the accused person is released without having to testify or call witnesses.
This process is common in South African courts when lawyers feel the State’s case is too weak to continue.
The State’s argument against Maphisa
The State argues that Maphisa should remain on trial. Prosecutors claim he was one of the lookout men outside the Vosloorus home of Meyiwa’s girlfriend, singer Kelly Khumalo, when the footballer was shot dead in October 2014.
Their case relies heavily on testimony from police officer Constable Sizwe Zungu, who said he saw Maphisa with his co-accused before and after the murder at the Basotho hostel.
The State also points to confessions signed by accused number two, Bongani Ntanzi, which it says confirm Maphisa’s involvement.
Prosecutor George Baloyi told the court that Zungu’s version and Ntanzi’s confession place the accused near the crime scene, adding that these accounts should be considered together with other evidence.
Defence pushes for acquittal
Maphisa’s lawyers argue that the State is “clutching at straws.” They say Constable Zungu never placed Maphisa at the actual scene of the shooting inside Khumalo’s house.
Defence lawyer Advocate Charles Mnisi also criticised the State for relying on what he described as “old evidence,” such as a statement made by witness Thabang Makeleni. Makeleni allegedly saw people fleeing the Khumalo residence but died in 2019 before he could testify.
Mnisi told the court:
“If the State feels like there is something that they have missed in the presentation of their evidence, they would still have the opportunity [to address it].”
If the judge grants Maphisa’s discharge application, the charges against him in the Senzo Meyiwa case will be dropped, leaving four accused men on trial. If the judge rejects it, Maphisa will have to present his defence when the trial continues.
