Senzo Meyiwa trial raises more questions than answers

LAST Thursday’s Hollywood-style arrest of advocate Malesela Teffo, who represents four of the accused in Senzo Meyiwa’s murder trial – was so bizarre that it left questions hanging over whether our justice system is insulated from the forms of meddling used to advance the nefarious interests of the connected few.

There is no time frame attached to the execution of an arrest warrant against any individual once it has been authorised and issued by a court. However, to effect an arrest of any accused while inside the court not only amounts to contempt of court, but is a deliberate intention to embarrass and intimidate the court officer into submission.

I would not be surprised if that pompous investigating officer who arrested Mr Teffo is offered a promotion tomorrow for a “job well done” as he appears to have acted on a stern instruction and executed it with precision.

The issuing of threats during the court’s break and subsequent arrest of this legal practitioner send a clear message of a shocking abuse of power and authority, and consequently triggers serious public mistrust in our already embattled justice system.

The interest that the public has been displaying in the case, while lamenting clumsy and poor investigating capabilities on the part of the police who took almost forever to register any breakthrough in this high-profile case, has been about ensuring accountability, transparency and monitoring progress in the case.

Mr Meyiwa was a colourful and celebrated footballer who was dearly loved, not only by his family, but by every sports fanatic as he represented the national team, Bafana Bafana.

While the circumstances surrounding his murder remain the subject of an ongoing questionable high court trial in which Mr Teffo is representing four of the five accused – a newly released documentary exposed inconsistencies in the accounts given by those interviewed, which raises even more concerns regarding the approach adopted by the police from the onset.

I am of the firm view that the State is forging ahead with fabricated evidence against all the accused, and that failure to expose it would constitute an injustice to both Senzo and his late father.

One wonders what could have happened to this case if it was not for the backlash and pressure exerted on that arm of the state, notwithstanding the fact that Senzo’s father departed this world while seeking answers about the mysterious murder of his son, who was everything to him.

Building up to the preceding court appearances of the five suspects, Mr Gerrie Nel from AfriForum, who has also been investigating this matter, was adamant that Senzo’s murder was a “hit”, while the State maintains it was a robbery gone wrong.

During media interviews, Mr Nel spoke with conviction that the “imminent” arrest of the mastermind was the only outstanding portion of the case, and was hoping that this would have been achieved prior to the commencement of the long-awaited trial, but this hasn’t happened.

The trial started with no word from any of the agencies on the mastermind’s arrest, and the public had to contend with this unfolding of events.

Having followed the grilling of the forensic officer, Mr Mosia, by Mr Teffo on the length of time it took him to arrive at the murder scene, and why he had not taken particular objects for forensic assessment and analysis, it is clear that the State’s case rests on shaky ground, with probably minimal prospect of success.

This further crystallised when advocate Teffo sought to introduce a document (affidavit) purporting to be that of an investigating officer that extensively contradicts the State’s versions in relation to the security of the scene.

Since the release of the documentary Who killed Senzo?, people have inevitably offered their views regarding the case, with many raising concerns of an apparent cover-up on the part of the police. This particular notion was given more credence by the police’s dramatic arrest of the court officer.

As a proponent of justice who fights any form of unfairness wherever it rears its ugly head, I condemn the police’s despicable conduct in the strongest possible terms. It is enough to create the impression that they are indeed protecting the “real perpetrators” of Meyiwe’s murder, while decimating his entire family at the same time.

Although it apparently turned out that Mr Teffo had some case to answer – as indicated by the National Prosecuting Authority (NPA), in an unrelated matter for which he could not attend the court appearances on two occasions – this cannot warrant or justify the excessive mishandling of a legal representative as if he was a hardcore criminal resisting arrest, when he merely sought clarity on the reasons for it.

A less credulous individual who witnessed this arrest on live television may fairly deduce that it was well intended, designed to coerce and bully him to the extent that he decides to abandon the case so that a pliable and less independent lawyer could take over the matter.

I have also learnt that Mr Teffo has made great strides in successfully representing people who have been victimised at different places of employment.

In the context of Meyiwe’s murder trial, I firmly believe, like others, that these five accused who had already been serving their respective sentences, are being used as a diversion to deflect the public’s attention from the real culprits of the murder.

The NPA has suffered quite extensive reputational damage on the basis of how it has been handling various cases, not necessarily high profile ones, a case in point being the Bushiri matter.

Notably, the General Council of the Bar also weighed in on the matter, calling for an independent probe into the arrest of Mr Teffo, with the Legal Practice Council strongly condemning the conduct of the police, and, interestingly, viewing it as an act of intimidation.

How can this level of miscarriage of justice be so evident that those perpetuating it are allowed to continue without fearing the wrath of the law?

We woke up to the news that advocate Teffo has had to change his address as a way of avoiding police harassment in a country where we are made to believe that the rule of law and a constitutional democracy reign supreme for everyone, regardless of their position in society.

This is precisely one of the reasons that Senzo’s brother had fallen out with the police, with the family referring to the ongoing trial as a complete sham.

It baffles me to observe the level of determination with which these people are covering up this whole nonsense as if the same cruelty could never be meted out to their own families.

A stern caution needs to be sent to those manipulating this case, that the public’s trust and confidence in the system is significantly waning because we are not naive or oblivious to the fact that the State is abusing and exploiting the unfettered power and authority it has over the case, including the state institutions processing the so-called trial.

Until something extraordinary is done to disturb this pattern of manipulation of judicial processes, this will continue to become the norm and be so widespread in the system that it will be almost impossible for South Africans to eradicate.

The only way that the people of this country can prevent this rot from becoming deeply entrenched in the system, and consequently characterising similar cases, is to expose it for what it is.