Change in advocates delays trial
BONGANI Sandiso Ntanzi, one of the five men on trial for the murder of Senzo Meyiwa, yesterday asked for forgiveness from his former legal counsel for terminating his services in the middle of the trial.
Ntanzi spoke just as the trial was adjourned in the Gauteng High Court, Pretoria, due to the fact that he and first accused Muzikawukhulelwa Sibiya had terminated the legal services of advocate TT Thobane and acquired the services of new legal representation.
He said: “Mr Thobane should not be hurt by this development; it’s just that there are issues that emanated in court that we want to fix and correct. So when Thobane sees us in the streets he should still be able to greet us.”
Thobane has been the instructing attorney for Sibiya, Ntanzi, Mthobisi Mncube and Mthokoziseni Maphisa since the beginning of the trial, together with disbarred advocate Malesela Teffo.
The fifth accused, Sifokuhle Sifiso (Nkani) Ntuli, has throughout the trial been represented by advocate Zandile
Mshololo. Court GB in the High Court had anticipated a new witness taking the stand yesterday following the conclusion of the cross-examination of Meyiwa's childhood friend Tumelo Madlala last Friday. However, the proceedings had to be halted as a result of the last-minute changes in the legal defence.
State advocate George Baloyi said the legal representatives in the matter were not appraised of the changes before the matter resumed in court. Baloyi said they were informed that advocate Sipho Ramosepele would be taking over for two of the accused, while Thobane would remain on record for Mncube and Maphisa, accused three and four.
Ramosepele, who told the court he wished he could “hit the ground running”, said he was contacted by Sibiya’s father on Thursday about taking over representation for his son. He was busy with another matter in the Randburg Court.
He said, however, that Sibiya’s father told him he would still need to talk to the parents of Ntanzi first in order for him to represent both suspects as they had grown up together.
Ramosepele said the father had only confirmed his appointment on Saturday.
Baloyi indicated that a postponement would be required in order for the new legal counsel to receive the disclosure and records of the trial transcripts so far and catch up with the case.
The State also told the court that it was ready to proceed with the matter, with the new witness also present, but in light of the new developments it would not object to the postponement.
Judge Tshifhiwa Maumela was, however, not pleased with the last-minute announcement of the changes, and criticised the new legal counsel for not contacting anyone in the matter to notify them of his appointment until the last minute.
However, as the matter was adjourned Ntanzi took the opportunity to apologise to Thobane for the decision to terminate his services.
The matter was subsequently postponed to May 5 next year, and to proceed until May 26. A second date for June 5 to 15 was also reserved for the trial.