The second docket which accuses singer Kelly Khumalo and those who were with her in the house where Senzo Meyiwa was killed was nothing but an internal opinion.

This was revealed on Monday in a response from the director of public prosecutions (DPP) South Gauteng official Adv Andrew Chauke, which defence Adv Zandile Mshololo read out in the Pretoria high court.

“This office did not make any decision or otherwise regarding the case docket. The alleged document does not have any status as such [and] was an internal opinion from a junior advocate which was without merit,” Mshololo said, reading the DPP's response.

Mshololo received the response on Monday morning after the state, led by Adv George Baloyi, shared the second docket on June 8 2022. The second docket was opened in January of 2019, five years after Meyiwa had been killed.

In the second docket, Khumalo and all those who were in the house the night Meyiwa was killed are the accused. The document first surfaced when Ad Malesela Teffo for accused one to four, cross-examined Sgt Thabo Mosia, the state’s first witness.

Teffo used the document to argue that the five men who are on trial in court have nothing to do with Meyiwa’s death. He told the court that Khumalo shot Meyiwa by mistake using a revolver and then she and other people in the house hatched a plan to suggest that the Bafana Bafana star had been killed in a robbery.

Baloyi told the court that the state became aware of the second docket in January this year.

“I wrote a letter on 23 March 2022 directed to the investigating officer Lt-Col Buthelezi requesting a copy of the docket so that it could be disclosed to the defence. I gave the deadline of the end of March 2022 to submit the docket.

“Before the end of March she [Buthelezi] came to my office with Adv Teffo. [And] instead of handing the docket to us, it was only handed over to Adv Teffo,” Baloyi said.

Baloyi said that even the investigating team in the docket that is before the court does not have a copy of it.

This second docket has become central as the defence has used its content to discredit Mosia's testimony.

Mshololo said the failure of the state to disclose it violated her client's constitutional right to have all the information required to prepare for trial.

“The state had the duty to disclose this docket...The state could have sought for an order in this court compelling the SAPS to deliver such docket. What makes it worse, the state allowed my client to plead without giving me the second docket…and that amounts to a miscarriage of justice,” Mshololo said.

Meyiwa was killed at his then girlfriend Kelly Khumalo’s home 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 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.

Their appearance before court is based on the first docket which was opened in 2014, the year Meyiwa was killed.

The trial continues.