The second indictment, accusing singer Kelly Khumalo and those who were with her in the home where Senzo Meyiwa was shot, was an internal opinion only.
This was released in a response on Monday announced by Head of Public Prosecutions (DPP) Andrew Chauke, South Gauteng’s official counsel, read by Defense Counsel Zandile Mshololo in the Pretoria High Court.
“This authority has no decision or anything else related encountered the file of the case. The alleged document has no status [and] was an internal opinion of a junior attorney that was unfounded,” Mshololo said upon reading the DPP’s response.
Mshololo received the response Monday morning, according to prosecutors, cited by attorney George Baloyi, shared the second file on June 8. The indictment was opened in January 2019, five years after Meyiwa was killed.
The indictment charges Khumalo and those who were at the home the night Meyiwa was killed. The document was first mentioned when attorney Malesela Teffo, for defendants one through four, cross-examined Sgt. Thabo Mosia, the state’s first witness.
Teffo used it to argue that that the five men in court had nothing to do with Meyiwa’s death. He claimed in court that Khumalo accidentally shot Meyiwa and that she and other people in the house hatched a plan whereby the Bafana Bafana star was killed in a robbery.
Baloyi told the court that the State learned of this in the second filing in January.
“I wrote a letter to Investigating Officer Lt-Col [Joyce] Buthelezi on March 23 asking for a copy of the filing to disclose to the defense can be. I set the deadline for the end of March to submit the file.
“Before the end of March, she [Buthelezi] came to my office with Teffo. [And] instead of giving us the note, they just handed it to Teffo.”
Baloyi said even the investigative team in the file the court has seen doesn’t have a copy of it.
This second file is central to the case, just as the defense used its contents to discredit Mosiah’s testimony.
Mshololo said the state’s failure to disclose it violated her client’s constitutional right to any information necessary to prepare the trial.
“The state had a duty to disclose these files… The state could have sought an order from this court that would have the SAPS do so forced to hand over such a file. To make it worse, the state allowed my client to plead without giving me the second ticket…and that amounts to a miscarriage of justice,” Mshololo said.
Meyiwa was killed at his then-girlfriend, Kelly Khumalo’s house in Vosloorus on the East Rand in an alleged robbery that shocked the nation.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have been charged with murder. The five people are charged with first degree murder, attempted murder, robbery in aggravated circumstances, possession of a firearm without a license and illegal possession of ammunition.
Their court appearances are based on the first indictment opened in 2014 , the year the Meyiwa was killed.
The trial continues.