Johannesburg - Judge Ratha Mokgoatlheng, who had been appointed to preside over the Senzo Meyiwa murder trial, is capable and has experience, say legal experts.
Judge Mokgoatlheng has presided over a number of high-profile cases, including that of former crime intelligence boss Richard Mdluli. The judge’s appointment comes after Judge Tshifiwa Maumela was suspended by President Cyril Ramaphosa last week.
In April, the Judicial Services Commission (JSC) recommended Maumela and Nomonde Mngqibisa-Thusi be suspended after complaints about the time it took them to hand down judgments.
Meyiwa’s murder case has been going on for nine years. It has been full of twists and turns and countless delays, and now with the appointment of Judge Mokgoatlheng, many people are curious as to whether or not it has to start from scratch. The trial was expected to resume on July 17.
Legal expert Nthabiseng Dubazana, of Dubazana Attorneys, told The Star that the trial would start from scratch amid the appointment of Judge Mokgoatlheng.
This means that all five witnesses seen participating in the trial would have to come back to testify.
The fifth witness, who has yet to conclude, is Zandile Khumalo, Kelly Khumalo’s sister. Kelly was Meyiwa’s girlfriend. Zandile was also at the house when Meyiwa was gunned down.
"This means that the matter is going to start de novo (from scratch). It means all the evidence that has been dealt with to date is basically scrapped in light of this new judge, and therefore the case is starting as if it was never heard before. And so if there are witnesses who have died since the inception of the matter, then that evidence will probably be dealt with as hearsay by the State. So every single witness is going to have to start from scratch and be recalled in order for this matter to go forward. So yes, we're back to zero," Dubazana said.
Tebogo Khaas, of Public Interest South Africa, agreed with Dubazana that the trial would start from scratch so that evidence could be heard to make informed judgements that were both just and equitable.
Many people raised concerns about whether or not this change of judges might affect the charge sheet or whether it might be an advantage or disadvantage to the defence.
"My understanding is that it might very work to the advantage of the defence, but not so much as we would because if the witnesses stand by their statements provided under oath, then certainly changing such statements could result in legal peril for those who make such statements and then only change them later.
“They have been warned by the prosecution that they must ensure that they don't contradict their earlier statements, because to the extent that those statements are now part of the court records, changing them would result in charges of perjury and make the credibility of the witness weakened," said Khaas.
The NPA’s North Gauteng regional spokesperson, Lumka Mahanjana, said a statement in relation to the Senzo Meyiwa matter was expected to be issued soon.
The Star