Shady 2nd docket causes ructions during hearing
AFTER nine days in the witness box, Senzo Meyiwa's boyhood friend Tumelo Madlala has finally concluded his testimony about what happened on the October 2014 night when the soccer player was killed.
Madlala's highly-anticipated introduction to the trial on September 13 began under much fanfare and excitement, which saw three media houses barred from attempting to interview the witness prior to the court proceedings.
Reporters from the media houses pursued Madlala as he made his way into the court, trying to interview him, which ultimately led to the State witness giving his testimony under a strict directive that his image was not to be broadcast.
Madlala gave his testimony following the evidence of forensic investigator Sergeant Thabo Johannes Mosia as well as Sergeant Patrick Mlungisi Mthethwa, who were among the first officers on the scene at the Vosloorus home of Kelly Khumalo, Meyiwa’s girlfriend at the time.
Upon taking the stand in the High Court in Pretoria, Madlala made a startling identification from the dock of Bongani Sandiso Ntanzi, the second accused, as being one of the intruders that entered the house on the night in question.
This was despite the defence counsel’s
reluctance for him to make the identification in court.
Madlala remained adamant that he was sure that 32-year-old Bongani Sandiso Ntanzi was the intruder whose hand Meyiwa grabbed as he pressed him against the wall in the kitchen after two attackers entered the house.
He also described the gun-wielding intruder who came in demanding cellphones and money as being short, with dreadlocks and wearing a hat and a caramel-coloured jacket at the time.
The witness continued to stand by his identification of Ntanzi, stating that even in “30 years’ time” he would still be able to point him out, despite
advocate Zandile Mshololo stressing that he was not of sober mind at the time as he and the occupants of the house had been drinking alcohol.
Although Madlala deposed numerous statements to the police, he on numerous occasions claimed he could not recall the exact times as the incident happened a long time ago.
He even went as far as telling the court that he was not good with estimating and was ultimately forced by the police to give them times when narrating his statements to them.
The announcement exasperated defence counsel advocate TT Thobane, who tried to jog Madlala’s memory by asking him if he remembered the time he was picked up to come to court as a witness.
The question was objected to by State prosecutor advocate George Baloyi and Judge Tshifhiwa Maumela, who requested the defence to move on from the line of questioning as it would compromise Madlala’s safety.
The instruction by Judge Maumela resulted in Thobane accusing the presiding officer of “dictating” to him and wanting to shut him down before he had finished.
Madlala remained reluctant to inform the court how much money he had been paid to participate in the Netflix documentary on the soccer player’s death and for photographs he sold to the production company. Thobane told the court that the Meyiwa family was paid R250 000 for their participation.
The infamous second docket, 375, which has repeatedly “thrown a spanner” in the works since the start of the trial, was again brought to the fore during Madlala's testimony.
Docket 375, which was investigated by Lieutenant Joyce Buthelezi, calls for the arrest of Madlala, Kelly Khumalo, Longwe Twala, Gladness Khumalo, her sister Zandi Khumalo and Mthokozisi Thwala, as well as Maggie Phiri, a neighbour who allegedly cleaned up the crime scene and evidence, to be charged with murder and defeating the ends of justice.
When asked about the docket,
Madlala laughed off the assertion that he and others should be charged for the murder of Meyiwa and said Buthelezi had used “unscrupulous means” to force them to admit to things that were untrue.
His comments regarding Buthelezi had to be scrapped from the record after it was contested by the defence counsel and even resulted in Thobane informing the court he would bring an application in relation to the docket midway through the cross-examination of Mshololo, the fifth accused’s legal counsel.
The abrupt announcement by Thobane resulted in further clashes between him and Judge Maumela, who chastised him for rising to make an application during Mshololo's cross-examination.
All media houses were also kicked out of proceedings for a second time after the court was informed that images of Madlala had been broadcast during proceedings.
They were eventually allowed back in, but Judge Maumela ruled that no further images would be taken during the proceedings.
The matter adjourned early after the conclusion of Madlala's testimony to allow the legal counsel and the judge to meet in chambers to deal with Thobane's application regarding docket 375.
The matter will resume on Monday, with a new witness expected to take the stand.