State to consider charge of defeating ends of justice based on second docket in Meyiwa murder case

  • Former Bafana Bafana goalkeeper Senzo Meyiwa was shot and killed in Vosloorus in 2014.
  • Two police dockets were registered and investigated for the same incident.
  • In the first docket, the accused are currently on trial and in the second, the State appears to only be considering a charge of defeating the ends of justice.

The National Prosecuting Authority (NPA) appears to only be considering a charge of defeating the ends of justice based on the second docket pertaining to the murder of former Bafana Bafana goalkeeper Senzo Meyiwa.

This was revealed in the Gauteng High Court in Pretoria on Monday, where the five men accused of murdering Meyiwa appeared for the continuation of their trial.

Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifiso Ntuli were arrested and charged with the murder, based on the evidence in the first docket.

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Prosecutor, advocate George Baloyi, told the court the second docket had been transferred from South Gauteng Director of Public Prosecutions’ (DPP) jurisdiction to the North Gauteng DPP in Pretoria.

News24 previously reported that the National Director of Public Prosecutions (NDPP) had mandated the docket be transferred and a decision taken on whether to prosecute.

In a letter, NPA Gauteng Director of Public Prosecutions Sibongile Mzinyathi said the decision would depend on the credibility findings of the first docket, which is currently before court – and, therefore, a decision would only be taken at the end of the trial.

ANALYSIS | Senzo Meyiwa trial: The tale of 2 police dockets and what we know so far

While Baloyi confirmed these details to the court, he disclosed the decision would be on a count of defeating the ends of justice.

While the contents of the second docket are unknown to the public, Baloyi’s comments reveal the NPA is not looking at a charge of murder based on the second docket.

This stands in contrast to the claims made by advocate Malesela Teffo, who acted as defence counsel for four of the accused currently standing trial.

Teffo had repeatedly said or insinuated those responsible for Meyiwa’s death were in the house at the time.

During the trial, before his withdrawal, he said the second docket had its own investigating officers with different findings and an entirely different set of suspects than those before court.

Teffo sought to justify his averments by handing up a draft indictment by the NPA based on the second docket. The indictment was marked as Exhibit C during the trial.

At the time, Baloyi said Exhibit C was a draft memorandum that summarised the evidence and contained an unsigned indictment, a summary of substantial facts, and a list of witnesses.

READ | Senzo Meyiwa trial: Defence’s case revealed during cross-examination of first State witness

Reading from Exhibit C and not the second docket, advocate Zandile Mshololo, representing the fifth accused, named the suspects identified in the unsigned indictment.

She said Kelly Khumalo, her mother Gladness, her sister Zandi, Meyiwa’s two friends, Tumelo Madlala and Mthokozisi Thwala, Zandi’s boyfriend Longwe Thwala, and Maggie Phiri were named as the suspects to be charged, according to Exhibit C.

It can be inferred these are the suspects named in the second docket.

A letter by South Gauteng DPP, advocate Andrew Chauke, also diminished the standing of the draft indictment, stating a decision had not been taken on the second docket and was merely an internal opinion from a junior prosecutor, which was without merit.

While it is unknown whether the second docket suggests the identified suspects be arrested and prosecuted for the murder of Meyiwa, it is clear at this point, the State believes the only credible count to be derived from the evidence is one of defeating the ends of justice.

The trial has already heard possible testimony that could give credence to such a charge.

READ | Senzo Meyiwa: NPA to decide on second murder docket when current trial is done

During the cross-examination of the State’s first witness, Mshololo presented witness statements which stated Phiri was seen cleaning the house after the shooting and before police arrived.

According to one statement, Phiri was picking up beer bottles from the floor.

When questioned, she allegedly said she did not want people to see there had been drinking at the house.

The witness also testified she saw water on the floor, which was later cleaned up by Phiri.

Another witness statement alleged Phiri suggested they clean up before the police arrived.

This witness also allegedly saw a lot of empty beer bottles on the floor.