The Department of Correctional Services has condemned the behaviour of three Senzo Meyiwa murder accused who were caught on video trying to attack a prison warder during a courtroom scuffle during the trial tea break.
National Commissioner Makgothi Samuel Thobakgale said they would not tolerate such behaviour and said they would be taking action.
Three of the accused—Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli—were involved in a scuffle with an armed prison warder during the tea break when he confronted one of the accused, who was sitting on top of a court bench.
He confronted the accused, requesting they sit down in an orderly manner, but a scuffle ensued.
The warder told the court he had warned the accused against sitting on top of the court benches on November 15, 2023—about a fortnight ago.
All five accused, including the other two, Muzikawukhulelwa Sibiya and Bongani Ntanzi, who were not involved in the scuffle, wear leg chains and are not handcuffed in court. They are under constant watch by a tactical team from Correctional Services.
Thobakgale said: “Such utter disrespect will not be tolerated, and the department is looking into the incident.
“Correctional officials rendering escort and guarding responsibilities do so on behalf of the State.
“Any form of unbecoming behaviour warrants a security review so as to ensure the safety of those in closer proximity to the inmates,” said Thobakgale.
The commissioner said they would act without any form of hesitation.
Sibiya, Ntanzi, Mncube, Maphisa, and Ntuli are standing trial for the October 2014 murder of the footballer, who was murdered at the Vosloorus home of his girlfriend Kelly Khumalo.
Judge Ratha Mokgoatlheng said he was not making any findings on the matter, but he called on everyone to “just behave” and “act like adults".
“Let's just behave; I am not making any findings on this matter. Let's just behave ourselves,” he said.
He added that if the law enforcement officers were entitled to make sure decorum was followed in line with their duties.
“This one of fighting like we are in Parliament; I once saw our president (Cyril Ramaphosa) being rushed (on stage), and the security looked like it was being attacked. We don't need that.
“If we are all not satisfied, we can resolve that by speaking, not fighting,” he said.
The warder demonstrated that the accused had been sitting in court in an unorderly manner on the court benches.
Advocates Charles Mnisi, Zithulele Nxumalo, and Bakwena Monyeki said their clients were defending themselves.
Meanwhile, the head of the Cold Case Unit, Brigadier Bongani Gininda, who is also the investigating officer in the Meyiwa murder trial, has finally taken the stand.
He is expected to carry on with his evidence in chief on Tuesday.
The Meyiwa murder trial is currently in a trial-within-a-trial to determine if the alleged confessions made by Ntanzi and Sibiya were mad freely and voluntarily.
The trial continues.
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