Kelly Khumalo’s lawyer wants to withdraw from Meyiwa case
SPECULATION continues as singer Kelly Khumalo’s lawyer, Magdalene Moonsamy, has kept mum about her reasons for wanting to withdraw from the Senzo Meyiwa murder trial.
The National Prosecuting Authority (NPA) received her notice to withdraw from the trial this week. However, the withdrawal will not affect the proceedings as her role was to observe.
Moonsamy was appointed by Khumalo last April to provide a watching brief, a decision which got tongues wagging but was defended by the attorney who said Khumalo “had nothing to hide” and that she was not fearful of being implicated.
She presented herself to Judge Tshifhiwa Maumela, who has since been put on suspension and was replaced by Judge Ratha Mokgoatlheng at the Gauteng High Court, Pretoria.
At the time, Moonsamy told the Sunday Tribune that she was not privy to dockets or other case-related documents and that her responsibility was to ensure that procedure was being followed.
“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.
“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,” she said.
But her presence was not welcomed by the now disbarred advocate, Malesela Teffo, who previously represented
four of the five murder accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Ncube and Mthokoziseni Maphisa.
Teffo requested that Moonsamy not be allowed into the courtroom as her client could take the stand. He also suggested that Moonsamy’s friendship
with State prosecutor, George Baloyi, could be detrimental to the case.
Teffo said: “In count three, Kelly and her mother are involved and in our midst we have my learned colleague Magdalene Moonsamy.
“I will consider the documents or bundles that we use as classified documents and they may not be given to anyone and I have realised that she also has access to the documentation.
“If she can explain her situation as she is comfortable with the State’s advocate, Baloyi, we are not comfortable with her.”
Judge Maumela dismissed Teffo’s argument and allowed Moonsamy to be part of the proceedings. Since being appointed by Khumalo, Moonsamy had not held back when defending her client.
When allegations of Khumalo being involved in the murder emerged in court, Moonsamy said her client could not have killed the father of their child and that individuals were “grasping at straws”. She said her client, who had been in a relationship with Meyiwa at the time of his death, would break her silence when her day in court arrived.
Meyiwa was shot and killed in October 2014 at the home of Khumalo’s mother. At the time of the murder, Khumalo’s younger sister, Zandi, their mother Ntombi, Longwe Twala, and Meyiwa’s friends Tumelo Madlala and Mthokozisi Thwala were in the house.
The five accused – Sibiya, Ntanzi, Ncube, Maphisa and Fisokuhle Ntuli – face five charges each of murder, attempted murder, robbery with aggravating circumstances, illegal possession of a firearm and illegal possession of ammunition.
The trial resumes tomorrow.