The North Gauteng High Court in Pretoria has dismissed an application by accused four, Mthokoziseni Maphisa, to withdraw multiple charges against him in the high-profile Senzo Meyiwa murder trial.

The ruling was handed on Monday after Maphisa argued that the state had failed to produce compelling evidence for his prosecution, which includes charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

Judge Ratha Mokgoatlheng, who presides over the case, clarified the legal framework surrounding such requests for discharge, stating that an accused person can only be discharged if conviction is impossible without their self-incrimination, as the law permits this entitlement.

He underscored that the onus is not on the accused to testify, while also acknowledging that a ruling of no prima facie case cannot be inferred from silence alone.

In his ruling, Mokgoatlheng emphasised the need for courts to consider the comprehensive nature of evidence presented during a trial, warning against selective interpretation. He observed that the interplay between different pieces of evidence can often strengthen the credibility of individual testimonies.

The five men on trial — Maphisa, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, and Fisokuhle Ntuli — 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.

According to the confession statements from Sibiya and Ntanzi, Khumalo ordered the hit on Meyiwa and paid R100,000 for the alleged hit.

Mokgoatlheng ruled that the confession statements had been made freely and voluntarily. This came after Ntanzi and Sibiya told the court they had been assaulted and tubed to obtain the confessions. 

The court went into a trial within a trial for five months to determine if the confessions were admissible.

sinenhlanhla.masilela@iol.co.za

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