Kelly has ‘been through the worst’
SINGER Kelly Khumalo’s decision to have advocate Magdalene Moonsamy on a watching brief at the murder trial of late soccer great Senzo Meyiwa has tongues wagging, but Moonsamy hit back, saying Khumalo had nothing to hide.
The advocate placed herself on record before Judge Tshifhiwa Maumela on Monday in the Gauteng High Court, saying she represented Khumalo.
Moonsamy told the Sunday Tribune that she was not privy to dockets or other case related documents, but that her responsibility was to ensure that procedure was being followed to the letter.
“You would know that my client has been through the court of public opinion, she has been humiliated, called names and has been through the worst.
“This instruction from her is not only to protect what goes on in court but we are able to make submissions to the court if there are any further delays,” she said.
“These delays will cause prejudice to our client, witnesses and society.
“In actual fact as a watch brief you get privy to a certain point.”
Moonsamy, a former EFF treasurer-general, dismissed the notion that Khumalo was fearful of being implicated.
“If there is such, let me place this on a very firm record that such must be dismissed in the mind and thoughts of any level-headed and reasonable South Africans,” Moonsamy said.
“In any event, every individual has the right to legal representation.
“My watching brief is because of the experience that my client has undergone and also because it has been accepted by the lordship, the defence as well as the State.”
It is not yet clear whether Khumalo will take the witness stand at the murder trial.
This will be determined by the plea hearings.
Once they have been completed, Khumalo will know if she will be giving testimony.
The case was again postponed on Tuesday after the defence argued that it was not given enough time to prepare.
However, Justice Maumela said it would be the last time that he would consider applications for postponements.
“These postponements are unreasonably delaying the trial. There should have been thorough preparation whether or not the attorneys were in possession of the files,” said Moonsamy.
“Kelly is doing great but she has been waiting for the trial to start and end so she can finally move on with her life.
“She has been under so much persecution, apart from having to continue to mother and nurture her family.”
Advocate Gerrie Nel, who has a watching brief on behalf of Meyiwa’s mother, Ntombifuthi Meyiwa, as well as his sisters Zama and Nomalanga Meyiwa, said they were pleased that no further postponements would be entertained by the court.
“The judge also said that although the accused persons had certain constitutional rights, they were not the only group of people with rights.
“The family of the deceased as well as the community also have the right to know what happened to Meyiwa.”
Following the accused’s court appearance, allegations of assault were levelled against a prison warder by accused number three, Carlos Mncube.
His attorney said his client was assaulted in court cells.
Police have confirmed the allegations, saying a case of common assault had been opened at the Pretoria Central police station and was being investigated.
The matter will continue in the Pretoria High Court on Friday, April 22.