Pretoria - Singer and socialite Kelly Khumalo has once again tried to be represented in the trial of five men arrested in connection with the murder of her boyfriend, Bafana Bafana ace goalkeeper Senzo Meyiwa.
On Monday, Judge Tshifhiwa Maumela dismissed Khumalo’s bid to have her legal representative, Magdalene Moonsamy, reinstated in the high-stakes trial.
Khumalo’s bid to be represented in the trial, albeit on a watching brief, was roundly slated by the prosecution team, led by advocate George Baloyi, and both counsel representing the five murder accused men.
“My lord, the application is opposed by the defence for accused number five, to have a watching brief for Ms Kelly Khumalo inside this court. Each litigant has got the right of representative of his or her own choice but this freedom is limited when it comes to the complainant and witnesses during criminal proceedings.
“A witness is not entitled to be represented during the proceedings because he/she is represented by the State, who is authorised in terms of the Constitution. The State is the only legal representative that is delegated in terms of the Constitution with powers to represent a complainant or a witness.
“Therefore, the witness, Ms Kelly Khumalo is not entitled to have a legal representative other than the prosecutor. The interest Ms Kelly Khumalo is trying to show in this court is going to compromise the trial of this court,” said Mshololo.
Advocate TT Thobane, who represents four of the five men, had no kind words for Khumalo and her representative: “She is wasting the court’s time. She needs to draw the line between law and politics. She cannot sleep as a member of a certain party, and wakes up in the morning as a member of another party. In law, there is ethics and protocol to be followed.”
Judge Maumela ruled that his decision in April, when he removed Moonsamy from the court, stood.
Earlier this year, Moonsamy was requested to “excuse us” by the judge during the trial.
In dismissing the counsel, Judge Maumela conceded that Khumalo, understandably, had “an interest” in the matter.
“The only concern we have now is that if witnesses testify before the client of the watching brief comes on and it is on matters that the client of the watching brief might be expected to express upon, then that system would not have been pure. So, I think I agree with you that the watching brief for now will be excused,” said the judge.
Moonsamy told the court that she abided by the court decision, and also highlighted that the high-stakes trial was being broadcast on national television in any case.
The judge, however, disagreed with Moonsamy and ruled: “I don’t think I agree with you. We have now come to an understanding which you do not seem to be vehemently opposed to, that for the sake of the purity of the process, and in particular the evidence in this case, you will excuse us from the court room.
“As to what you do when you are outside, it is not in our terrain.
Moonsamy then packed her property and walked out of the heavily guarded court room.
On Monday, the trial of the five men resumed, after a two-month hiatus.
By midday, the State's third witness, Meyiwa’s close friend Tumelo Madlala, was under cross-examination by Thobane.
Five men, Bongani Sandiso Ntanzi, Muzikawukhulelwa Sibiya, Mthobisi Mncube, Mthokoziseni Maphisa and Sifokuhle Ntuli, are facing charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm and possession of ammunition.
All the accused have pleaded not guilty.
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