Senzo Meyiwa murder trial stalled as accused seeks new legal representation

The Senzo Meyiwa murder trial will be temporarily on hold after one of the five accused, Muzikawukhulelwa Sibiya, was left without legal representation following the death of his lawyer.

Thulani Mngomezulu, who joined the case during a trial-within-a-trial in October last year, had not been attending proceedings at the North Gauteng High Court in Pretoria for some time due to illness.

His family confirmed his death in a statement on Tuesday.

Before Mngomezulu’s involvement, Sibiya was represented by attorney Sipho Ramosepele.

Senzo Meyiwa murder trial can’t proceed

During Wednesday’s court session, Judge Ratha Mokgoatlheng addressed the issue, informing Sibiya that the trial could not proceed until he secured legal representation.

“You have a choice which you must exercise. I won’t influence you [and] I can’t tell you what to do but you have the right to either defend yourself or to appoint another defence counsel,” the judge said.

The judge advised Sibiya to consult his family, as his uncle had been financing his legal costs.

ALSO READ: Senzo Meyiwa murder accused at risk of not getting future legal aid, court told

Sibiya expressed concerns about the financial burden on his family.

“My uncle was already complaining that his financial support is very heavy on him,” he said in IsiZulu.

Mokgoatlheng also revealed that Legal Aid South Africa was prepared to assist Sibiya if he submitted an application for financial support.

“They are closing on Friday and in the meantime they can process your application if you so decide,” the judge explained.

Legal Aid leans towards lawyers in Senzo Meyiwa murder trial

After a lengthy adjournment, Advocate Charles Mnisi, representing accused three Mthobisi Mncube, informed the court that Sibiya had decided to seek assistance from Legal Aid.

However, Legal Aid expressed a preference for one of the existing defence lawyers in the trial to take over from Mngomezulu.

“That would simply obviate a lot of things [such as] time for preparation and all those things,” Mnisi said, adding that the defence lawyers would need time to consider this arrangement.

READ MORE: Senzo Meyiwa trial: Accused fired lawyer ‘sent’ by his old legal representative, court hears

While the trial is set to resume on 20 January 2025 after the judicial recess, the defence lawyers will discuss and finalise the matter prior to the date to prevent further delays.

“We have a special meeting on the 8th to come and deal with this item,” Mnisi said.

Ramosepele, representing accused Bongani Ntanzi, confirmed that Sibiya was open to the possibility of being represented by one of the other defence lawyers.

“Mr Sibiya is going to contact his family overnight and have a discussion then he will let Legal Aid know about his choices, but tentatively as well he is amenable to [let] one of us represent him,” Ramosepele said.

Mokgoatlheng postponed the case to 8 January 2025.

Accused jailed for drug possession

Sibiya is one of the five men on trial for Meyiwa’s murder.

The former Orlando Pirates goalkeeper was fatally shot while visiting his then-partner Kelly Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.

Khumalo ordered the hit on Meyiwa, according to Sibiya and Ntanzi’s confession statements.

Along with his co-accused, the suspect has pleaded not guilty to charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

READ MORE: Senzo Meyiwa murder accused slapped with five-year jail sentence

In January, Sibiya was sentenced behind bars relating to a drug dealing case dating back to 2019.

He was found guilty on two counts, including possession of drugs and the illegal possession of ammunition, on 12 December 2023.

The suspect was given five-year sentences on each count.

The sentences will run concurrently with the 12 years he is serving for attempted murder, stemming from a 2017 conviction.