Lawyer drops plan to block Pretoria high court to hear Meyiwa murder trial
Teffo now focuses on forcing prosecution to drop charges
Image: Thulani Mbele
Instead, Adv Malesela Teffo has chosen to make presentations to the National Director of Public Prosecution (NDPP) for the charges against his clients to be dropped.
This was revealed by prosecutor Adv George Baloyi in court on Tuesday morning as the trial resumed.
Baloyi said instead of getting heads of arguments from Teffo as agreed with Judge Tshifhiwa Maumela, he received correspondence indicating that the move is no longer being pursued.
“On July 4, correspondence…was received. In paragraph 117 of that correspondence Adv Teffo mentioned that he has since abandoned the issue of jurisdiction and has resolved to bring an application in terms of Section 6 b of the Criminal Procedure Act.
“The issue of jurisdiction has been abandoned. He has submitted rep to the NDPP on July 4, we will have to await the outcome,” Baloyi said.
Section 6B of the Criminal Procedure Act allows lawyers of the accused to make representation to the NDPP to have charges dropped based on the evidence led in court.
On October 26 2014, Meyiwa was killed at his then girlfriend Kelly Khumalo’s home in Vosloorus, on the East Rand.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have been charged with his murder.
The five face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and illegal possession of ammunition.
The state has brought Sgt Thabo Mosia who gave evidence of what he found when he arrived on the scene.
It was during Mosia’s testimony that Teffo alerted the court of a second docket which was opened in 2019.
In the docket, Khumalo and all those who were in the house the night Meyiwa was killed are the accused.
In June, Adv Zandile Mshololo, for Ntuli, received the second docket for the first time.
She then requested time to study it in order to make an informed decision for her client.
The National Prosecuting Authority said the docket was just an opinion by someone junior in their office.
The court is expected to also deliberate on the second docket which has caused so much controversy.
The trial continues.