Five men accused of murder sits in a court. Five murder accused in the murder of South African soccer star Senzo Meyiwa appear at the North Gauteng High Court in Pretoria. Picture: Oupa Mokoena/Agency (ANA)
Pretoria – After spending the entire day listening to arguments regarding an application brought by a State witness who wants her testimony not be broadcast, Judge Tshifhiwa Maumela, who is presiding in the Senzo Meyiwa murder trial, said he would make his ruling on Thursday.
The witness, who cannot be named pending the ruling, was due to take the stand in the North Gauteng High Court, Pretoria on Monday.
State prosecutor advocate George Baloyi cited safety and comfort issues raised by the witness should proceedings be held live.
When arguing on Wednesday, Baloyi said a live broadcast of proceedings had its own disadvantages and it couldn’t be used as a remedy to open justice.
Baloyi rejected claims that the witness was part of the Netflix documentary on the murder of Meyiwa. However, he admitted that she did an interview with eNCA.
"eNCA was in breach of the sub judice rule in that they interviewed a witness still to testify,’’ he said.
Regarding her social media posts, Baloyi said she only posted because there was an onslaught against her on social media and she was just defending herself.
A legal representative for the media, Dan Rosengarten, told the court that it was not clear why the witness felt threatened. “We just have a bland statement (that) she's scared.”
Rosengarten asked why Baloyi didn't get an affidavit from the witness explaining why she's scared of live recordings, but he managed to get an affidavit from her saying she didn't participate in the Netflix documentary.
To drive his point across, Rosengarten read an Instagram post from the witness where she said she had a dream that she wanted to testify away from the cameras, and that her “dreams always come true“.
“This witness has brought this application based on her dream. She says nothing about fearing for her…The application is a publicity stunt,’’ said Rosengarten.
Advocate Zandile Mshololo, who is representing one of the five men accused of killing the soccer star, said the State had failed to convince the court how the witness would be prejudiced if she testified on a live broadcast.
She further added that if the witness intendesd not to testify if the court rules against her, there were mechanisms in place that would force her to testify.
Meyiwa, at the time of his death, was involved in a romantic relationship with singer Kelly Khumalo, and they have a daughter.
He was killed while visiting Khumalo’s home in Vosloorus, south-east of Joburg.
Bongani Ntanzi, Sifisokuhle Ntuli, Muzikawukhulelwa Sthemba Sibiya, Mthobisi Prince Ncube and Mthokoziseni Ziphozonke Maphisa have been charged with the October 26, 2014 murder.
The State alleges the footballer was killed in a botched house robbery.
In the house that day were Meyiwa, Kelly and her younger sister Zandile, their mother Ntombi Khumalo (MaKhumalo), Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Tumelo Madlala, Kelly’s then four-year-old son Christian, and Thingo, her daughter with Meyiwa.
IOL