Pretoria - With the trial looking into the murder of former Bafana Bafana goalkeeper Senzo Meyiwa less than a week away the National Prosecuting Authority (NPA) has finally provided clarity on the second docket implicating Kelly Khumalo and others in the house the day of the incident.
The second docket in the matter which cites the suspects in the murder of Meyiwa as Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggie Phiri, has been the focus of the main trial since it commenced on April 11.
Despite the existence of the second docket being explained by the Director of Public Prosecutions (DPP) to have been the opinion of a junior state advocate within the DPP's office and without any merit, it has remained a bone of contention in the case.
As a result of the misconceptions regarding the transfer of docket 375 from the DPP in Johannesburg to the DPP in Pretoria, the prosecuting authority has indicated it wanted to provide clarity on a number of issues.
Lumka Mahanjana, the NPA Regional spokesperson, explained that the DPP in Pretoria had indicated that the decision regarding the second docket would only be taken after the conclusion of the current trial.
Mahanjana said the reason for this was a result of the credibility findings that might have been made by the trial court against the witnesses who were in the house at the time of the incident, which would be taken into account.
With each DPP having a defined geographical area of jurisdiction within which they function, the spokesperson said they (DPP) could only decide and attend to a matter which emanated outside their area of jurisdiction when the National Director of Public Prosecutions directed in writing, that it was in the interest of justice that a docket is transferred to another jurisdiction for purposes of investigation and decision making.
As such the NDPP reportedly transferred the main docket 636 from the Johannesburg division to the Pretoria division on February 9, 2020.
Mahanjana said subsequent to that the prosecuting authority had as of August 22, also transferred docket 375 to the Pretoria division.
"It has been incorrectly reported that the NPA has made an about-turn regarding docket 375 when it announced that the decision in that docket would be taken by the DPP in Pretoria after the finalisation of the current main trial docket."
"The NPA adopted a prosecutorial strategy that a decision be made after all evidence is led during the trial and findings thereon, which will inform an assessment of what will transpire," the spokesperson said.
Mahanjana further explained that it was important to note that the second docket opened in January 2019 by officers who were part of the initial investigating team, came as a result of an impasse in the investigation.
She said the officers who were frustrated by the lack of progress in investigation, thought that the six witnesses who were in the house on the night in question were not being truthful when they mentioned that the attackers intruded the house.
As such the two officers in question thought that the witnesses were in fact concealing the truth about the true identity of Meyiwa's killer.
Also taking into consideration that a wrong suspect was pointed out during an identification parade.
Mahanjana said however that a breakthrough came in May 2020 which led to the identification of the five men currently on trial.
"So the initial suspicion that the two police officers had, were superseded by the identification of the suspects in this case in May 2020 and their subsequent arrests," she said.
The case against the five men Muzikawukhulelwa Sthemba Sibiya, 34; Bongani Sandiso Ntanzi, 30; Mthobisi Prince Ncube, 36; Mthokoziseni Ziphozonke Maphisa, 35, and Sifisokuhle Ntuli, 32, as such will resume on Monday (September 5).
Pretoria News