- Former Bafana Bafana captain Senzo Meyiwa was shot and killed in October 2014.
- There are two dockets, one of which is currently before court; the dockets contain a different set of findings and suspects.
- The NPA in Pretoria has been given a mandate to make a decision on the second docket.
The National Prosecuting Authority (NPA) office in Pretoria has been mandated to decide on the second case pertaining to the murder of former Orlando Pirates goalkeeper, Senzo Meyiwa, after the current trial, based on the first case, has been concluded.
Meyiwa was shot and killed in 2014 at his girlfriend Kelly Khumalo’s house in Vosloorus, Boksburg, on the evening of 26 October.
Following his death, police registered the first docket under CAS number 636/10/2014.
Three years later, a second docket was registered in 2019, under CAS number 375/1/2019, which also sought to investigate the murder of Meyiwa.
Five men – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifiso Ntuli – were arrested and charged with the murder of Meyiwa, based on the first docket.
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They were also charged with robbery with aggravating circumstances and attempted murder.
The five men are currently on trial, which is set to resume in September.
During the trial, advocate Malesela Teffo, who represented four of the accused, before withdrawing, said the second docket had its own investigating officers with different findings and an entirely different set of suspects than those before court.
Teffo also handed up a draft indictment by the NPA, based on the second docket. The indictment was marked as Exhibit C during the trial.
After receiving the second docket, advocate Zandile Mshololo, representing the fifth accused, asked the State for a confirmation letter of Exhibit C.
At the time, the State prosecutor, advocate George 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.
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Reading from Exhibit C and not the second docket, which had not yet been handed in as an exhibit, Mshololo named the suspects identified in the unsigned indictment.
The accused in the Senzo Meyiwa case in court.
TIF News Chanté Schatz, TIF News
She said 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 that these are the suspects named in the second docket.
The letters, which were read into the record by Mshololo, were signed by South Gauteng DPP, advocate Andrew Chauke.
The letter’s heading stated: “Clarity sought regarding purported correspondence from DDP, South Gauteng in the murder trial Mr Senzo Meyiwa as per Vosloorus CAS 375/1/2019.”
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The letter addressed two aspects, whether a decision to prosecute had been taken in respect of the second docket and whether Exhibit C had any status. The first point was just the request made on 10 June.
The second point read: “This office did not make any decision or otherwise regarding the case docket, Vosloorus CAS 375/1/2019.”
According to the third point, the “alleged documents (Exhibit C) do not have any status as such and was an internal opinion from a junior State advocate, which was without merit”.
Second docket to be decided
In another turn of events, the National Director of Public Prosecutions issued a directive on 22 August that the second docket be transferred from South Gauteng DPP’s jurisdiction to the North Gauteng DPP in Pretoria.
As a result, the North Gauteng Director of Public Prosecutions, Sibongile Mzinyathi, said his office had been mandated to decide whether to prosecute the suspects listed in the second docket.
READ | Witness will testify that Kelly Khumalo shot Senzo Meyiwa by mistake – defence lawyer
However, Mzinyathi said the decision on the second docket would depend on the credibility findings of the first docket, which is currently before the court – and, therefore, a decision will only be taken after the trial has been concluded.
NPA spokesperson Lumka Mahanjana confirmed that the North Gauteng DPP division had been given the mandate to make the decision on the second docket.