Latest news with #SenzoMeyiwa
Eyewitness News
5 days ago
- Eyewitness News
Meyiwa trial: Defence plans for discharge application to be considered by Legal Aid
JOHANNESBURG - As the defence in the Senzo Meyiwa trial decides to take its shot at the accused being released, their plans for a discharge application must now be considered by Legal Aid. On Thursday, the State closed its case, shifting the focus to the defence. ALSO READ: Senzo Meyiwa murder trial: State rests its case, defence to bring section 174 discharge application They told the court that they plan on bringing a section 174 discharge application for all five accused. The five men are accused of the Bafana Bafana captain's 2014 murder in what the State believes was a hit. The decision by the defence to bring a discharge application in terms of section 174 of the Criminal Procedure Act means they believe there is no real evidence against the accused for a conviction to be secured. The defence will have to make arguments for who they believe the application should be granted to, and the State will oppose. But because the accused's case is funded by Legal Aid, the defence will first have to consult with Legal Aid, and their intention to bring the application must be discussed by a committee. The same committee will decide whether to fund the discharge application, informing the next steps by the defence. The court has adjourned the matter for two weeks for Legal Aid to make a decision.
The Star
5 days ago
- The Star
Defence in Meyiwa Murder Asks for Charges to Be Dropped as Trial Pauses Again
Staff Reporter | Published 7 hours ago The five men accused of killing Senzo Meyiwa, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli appear in the Gauteng High Court, Pretoria. Image: Picture: Oupa Mokoena Independent Newspapers The murder trial of soccer star Senzo Meyiwa took another unexpected turn on Thursday, with lawyers for the five accused telling the court they plan to apply to have all charges dropped. This happened right after the state officially closed its case in the Gauteng High Court in Pretoria. State Prosecutor George Baloyi stood up and told the court, 'It is precisely three years since the state started leading evidence. We now formally close our case.' This marks the end of the prosecution's side of the trial. Now, it is up to the defence to decide whether the accused will testify or whether they will try to stop the trial completely by arguing that the state has failed to prove anything against them. Defence lawyers said they plan to bring an application under Section 174 of the Criminal Procedure Act. This law allows a judge to dismiss charges if the state has not shown enough evidence to continue with the trial. Charles Mnisi, who represents accused number three, said they were waiting on a decision from the Legal Aid Board to provide funds for the application. That decision is expected by 6 August. Mnisi then asked the judge to postpone the matter to 7 August, and Judge Ratha Mokgoatlheng agreed. But Thursday's court session was not just about legal arguments. There was also more drama over the treatment of accused number five, Fisokuhle Ntuli. Earlier in the week, Ntuli told the court he was being mistreated at Kgosi Mampuru Correctional Centre in Pretoria. He said he was not allowed to speak to his lawyer or family and was denied basic items he needed in prison. Judge Mokgoatlheng ordered that Ntuli be transferred to Leeuwkop Correctional Centre in Sandton. On Thursday, top officials from Correctional Services came to court to explain the situation. They said Ntuli had been moved to the high-security C Max section of the prison after he was allegedly caught with a cellphone during a search on 8 July. Ntuli denied this and said it was not true. His lawyer, Zandile Mshololo, told the court that his rights were being violated. She insisted that the court's transfer order must remain in place and that her client had been treated unfairly. The area prison boss, Emmanuel Khoza, admitted there had been delays and mistakes but said the court's order had made it harder for the prison to manage discipline. He warned that they might appeal the judge's decision. 'We feel disempowered,' he said. 'But we apologise and commit to making sure the court runs smoothly.' Judge Mokgoatlheng did not back down. 'You can bring a formal application if you want the decision changed,' he said. 'But for now, my order stands.' Mnisi also backed the judge, saying courts have the power to run their processes. He blamed the correctional centre for delaying the court each day. 'This court starts late because accused persons are not brought on time,' he said. The five men on trial — Ntuli, Mnisi's client Mncube, plus Muzikawukhulelwa Sibiya, Bongani Ntanzi, and Mthokoziseni Maphisa — are all accused of being involved in the murder of Meyiwa, who was shot at the Vosloorus home of his girlfriend, singer Kelly Khumalo, in 2014. All five have pleaded not guilty to murder, attempted murder, armed robbery, and illegal possession of firearms and ammunition. With the state's case now closed and the trial postponed again, the spotlight will now be on the defence. If their application to drop the charges succeeds, it could bring the trial to an early end. The court is set to resume on 7 August.
IOL News
5 days ago
- IOL News
Defence in Meyiwa Murder Asks for Charges to Be Dropped as Trial Pauses Again
The five men accused of killing Senzo Meyiwa, Muzikawukhulelwa Sthemba Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli appear in the Gauteng High Court, Pretoria. Image: Picture: Oupa Mokoena Independent Newspapers The murder trial of soccer star Senzo Meyiwa took another unexpected turn on Thursday, with lawyers for the five accused telling the court they plan to apply to have all charges dropped. This happened right after the state officially closed its case in the Gauteng High Court in Pretoria. State Prosecutor George Baloyi stood up and told the court, 'It is precisely three years since the state started leading evidence. We now formally close our case.' This marks the end of the prosecution's side of the trial. Now, it is up to the defence to decide whether the accused will testify or whether they will try to stop the trial completely by arguing that the state has failed to prove anything against them. Defence lawyers said they plan to bring an application under Section 174 of the Criminal Procedure Act. This law allows a judge to dismiss charges if the state has not shown enough evidence to continue with the trial. Charles Mnisi, who represents accused number three, said they were waiting on a decision from the Legal Aid Board to provide funds for the application. That decision is expected by 6 August. Mnisi then asked the judge to postpone the matter to 7 August, and Judge Ratha Mokgoatlheng agreed. But Thursday's court session was not just about legal arguments. There was also more drama over the treatment of accused number five, Fisokuhle Ntuli. Earlier in the week, Ntuli told the court he was being mistreated at Kgosi Mampuru Correctional Centre in Pretoria. He said he was not allowed to speak to his lawyer or family and was denied basic items he needed in prison. Judge Mokgoatlheng ordered that Ntuli be transferred to Leeuwkop Correctional Centre in Sandton. On Thursday, top officials from Correctional Services came to court to explain the situation. They said Ntuli had been moved to the high-security C Max section of the prison after he was allegedly caught with a cellphone during a search on 8 July. Ntuli denied this and said it was not true. His lawyer, Zandile Mshololo, told the court that his rights were being violated. She insisted that the court's transfer order must remain in place and that her client had been treated unfairly. The area prison boss, Emmanuel Khoza, admitted there had been delays and mistakes but said the court's order had made it harder for the prison to manage discipline. He warned that they might appeal the judge's decision. 'We feel disempowered,' he said. 'But we apologise and commit to making sure the court runs smoothly.' Judge Mokgoatlheng did not back down. 'You can bring a formal application if you want the decision changed,' he said. 'But for now, my order stands.' Mnisi also backed the judge, saying courts have the power to run their processes. He blamed the correctional centre for delaying the court each day. 'This court starts late because accused persons are not brought on time,' he said. The five men on trial — Ntuli, Mnisi's client Mncube, plus Muzikawukhulelwa Sibiya, Bongani Ntanzi, and Mthokoziseni Maphisa — are all accused of being involved in the murder of Meyiwa, who was shot at the Vosloorus home of his girlfriend, singer Kelly Khumalo, in 2014. All five have pleaded not guilty to murder, attempted murder, armed robbery, and illegal possession of firearms and ammunition. With the state's case now closed and the trial postponed again, the spotlight will now be on the defence. If their application to drop the charges succeeds, it could bring the trial to an early end. The court is set to resume on 7 August.
The Herald
6 days ago
- The Herald
Phone found in Meyiwa accused's cell prompted C-Max transfer: DCS
The department of correctional services (DCS) has dismissed allegations of maltreatment made by Fisokuhle Ntuli, one of five men on trial for the murder of Bafana Bafana goalkeeper Senzo Meyiwa. Ntuli had accused officials at the C-Max high-security section of Kgosi Mampuru Correctional Centre in Pretoria of abusing him. DCS spokesperson Singabakho Nxumalo said Ntuli's claims were baseless and appeared to be part of a growing trend by inmates to manipulate the system and avoid accountability for their actions. Nxumalo said that during a search operation on July 8 led by national commissioner Makgothi Samuel Thobakgale, Ntuli was found in possession of a mobile phone — an item strictly prohibited in correctional facilities. 'A security official, present during the search, questioned the inmate about the device, to which he admitted ownership and confirmed usage. The search was conducted in a professional and orderly manner, and at no point was the inmate subjected to torture or any form of ill-treatment. The offender fully complied with officials throughout the process,' he said. Nxumalo said the confiscated phone was handed over to the police for forensic downloading and further investigation. Based on the offender's conduct and associated risk profile, Nxumalo said he was reclassified and subsequently transferred to the C-Max facility, in line with existing correctional procedures. Nxumalo said the department had observed a recurring narrative where offenders resorted to false allegations in an attempt to evade disciplinary consequences or to secure transfers to other centres. 'Correctional services is governed by strict standard operating procedures and a clear legislative framework that promotes humane treatment, rehabilitation and secure custody. Being in possession of a mobile phone inside a correctional facility constitutes a serious violation. 'It is unacceptable for any offender to deflect blame by concocting stories in an attempt to escape consequences. Inmates are expected to respect the code of conduct and behave in a manner befitting their rehabilitation journey,' he said. Nxumalo said attempts to weaponise human rights discourse to shield oneself from the consequences of wrongdoing was not only dishonest but an insult to the principles of justice and fairness. 'Correctional services will not be deterred in its duty to ensure discipline, safety and the upholding of the rule of law within its facilities,' he said. TimesLIVE
The Herald
7 days ago
- The Herald
Meyiwa murder suspect gets transfer from high security prison to Leeuwkop
Fisokuhle Ntuli, one of five accused on trial for the murder of Bafana Bafana goalkeeper Senzo Meyiwa, will be transferred from a maximum-security prison in Tshwane to a correctional facility in Sandton. He accused officials at C-Max high security section of Kgosi Mampuru Correctional Centre of maltreatment. Judge Ratha Mokgoatlheng has ordered he be transferred to the B-Max Leeuwkop Correctional Centre. This is where Ntuli was originally jailed, serving another sentence, and where he had been held until 2023 when the prison said he was found in possession of contraband and two cellphones with another inmate. Through his defence team in the Meyiwa trial, Ntuli has repeatedly complained about conditions at the Tshwane facility. On Wednesday c ourt proceedings were delayed after Ntuli, with co-accused Mthobisi Mncube and Mthokoziseni Maphisa, arrived late. According to the prosecutor, the delay was caused by Ntuli refusing to board the transport to court. After consultation with him, Ntuli's lawyer advocate Zandile Mshololo told the court he complained that he was falsely accused of being in possession of a cellphone. He denied he had a cellphone and also complained about unfair punishment for this untrue infringement, she said.
