Mzwabantu Zwide
CAPE TOWN- The Hollywood-style arrest of advocate Malesela Teffo last Thursday, who represents accused 1-4 in Senzo Meyiwa’s murder trial was so bizarre that it left questions hanging over whether our justice system is insulated from any form of meddling used to advance the nefarious interests of the connected few.
There is no time frame attached to the execution of an arrest warrant against any individual once it has been authorised and issued by a court, however, to effect an arrest of any accused while inside the court does not only amount to contempt of court but a deliberate motive to embarrass and intimidate the court officer into submission.
I will not be surprised if that pompous investigating officer who arrested Mr Teffo is offered a “promotion ladder” tomorrow for a “job well done” as he appeared to have acted on a stern instruction and executed it with precision.
Despite Mr Teffo’s non court appearances, as ordered, the issuing of threats during the court’s break and subsequent arrest of this legal practitioner sends a clear message of a shocking abuse of power, authority and consequently triggers a serious public mistrust towards our already embattled justice system.
The interest that the public has been displaying in the case while lamenting clumsy and poor investigating capabilities on the part of the police which took almost forever to register any breakthrough in this high-profile case, has been about ensuring accountability, transparency and monitoring progress in the case. Mr Meyiwa was a colourful and celebrated footballer who was dearly loved by not only his family but by every sport fanatic as he represented the national team Bafana Bafana as well.
While the circumstances surrounding his murder remain the subject of an ongoing questionable high court trial in which Mr Teffo is representing four of the five murder accused – the newly released documentary exposed inconsistencies in the accounts given by those interviewed, which raise even more concerns on the kind of approach adopted by the police from the onset.
I am of the firm view that the State is forging ahead with fabricated evidence against all the accused and failure to expose them will still constitute an injustice to both Senzo and his late father.
One wonders what could have happened to this case if it was not for the backlash and pressure exerted on that arm of the state, notwithstanding the fact that Senzo’s father departed while seeking answers on the mysterious murder of his son who was everything to him.
Building up to the preceding court appearances of the ambushed five suspects, Mr Gerrie Nel from AfriForum who has also been investigating this matter, was adamant on his initial theory that Senzo’s murder was a “hit” while the State maintained that this was a robbery gone wrong.
During a couple of media interviews, Mr Nel spoke with conviction that the “imminent” arrest of the mastermind was the only outstanding portion of the case and was hoping that such would have been achieved prior to the commencement of the long awaited trial but it hasn’t happened.
The trial started with no word from any of the agencies on the “mastermind” arrest and the public had to contend with this unfolding of events.
Having followed the grilling of the forensic officer, Mr Mosia, by Mr Teffo on the length of time it took him to arrive at the murder scene, and why he had not taken particular objects for forensic assessment and analysis, clearly indicated that the State’s case stands on a shaky ground with probably minimal success prospects.
This further crystallised when advocate Teffo sought to introduce a document (affidavit) purporting to be that of an investigating officer which extensively contradicts the versions of the State in relation to the security of the scene.
Since the release of the documentary titled (Who killed Senzo?), people have inevitably offered their varied views regarding the case, with many raising concerns of an apparent cover-up on the part of the police and this particular notion was given more credence by the police's dramatic arrest of the court officer.
As a proponent of justice who fights any form of unfairness wherever it rears its ugly head, I condemn the policemen’s despicable conduct in the strongest possible terms. It is enough to create the impression that they are indeed protecting the “real perpetrators” of Senzo’s murder while decimating his entire family at the same time.
Although it apparently turned out that Mr Teffo had some case to answer – as indicated by the NPA in an unrelated matter for which he could not attend the ordered court appearances on two occasions – such cannot warrant and justify an excessive handling of a legal representative as if he was a hardcore criminal resisting arrest when he merely sought clarity on the reasons for it.
A less credulous individual who witnessed this arrest on live television can fairly deduce that it was well-intended, designed to coerce and bully him to the extent of hopefully abandoning the case so that a pliable and less independent lawyer can take over the matter.
I have also learnt that Mr Teffo has made a lot of strides in successfully representing people who had been victimised at different places of employment. In the context of Senzo's murder trial , I firmly believe, like others, that these five accused who had already been serving their respective sentences, are being used as a diversion to deflect the public's attention from the real culprits who killed the football star.
The National Prosecuting Authority had suffered quite extensive reputational damage on the basis of how it has been handling cases, not necessarily high profile ones, a case in point being the Bushiri matter.
Notably, the General Council of the Bar also weighed in on the matter, calling for an independent probe into the arrest of Mr Teffo, with the Legal Practice Council strongly condemning the conduct of the police, and interestingly, viewing it as an act of intimidation.
How can this level of miscarriage of justice be so evident that those perpetuating it are allowed to continue without fearing the wrath of the law?
Today, we woke up to the news that advocate Teffo has had to change his address as a way of avoiding police harassment in a country where we are made to believe that the rule of law and constitutional democracy reign supreme to everyone regardless of their position in society.
This is precisely one of the reasons why Senzo’s brother had fallen out with the police, with the family referring to the ongoing trial as a complete sham.
It baffles me to observe the level of determination with which these people are covering up this whole nonsense as if the same cruelty will never be meted out to their own families.
A stern caution needs to be sent to those manipulating this whole case, that the public’s trust and confidence in the system is significantly waning because we are not naive or oblivious to the fact that the State is abusing and exploiting the unfettered power and authority it has over the case, including the state institutions processing the so called trial.
Until something extraordinary is done to disturb this pattern of manipulation of judicial processes, this will continue to become a norm and be so widespread in the system that it will make it almost impossible for South Africans to eradicate.
The only way that the people of this country can prevent this rot from becoming deeply entrenched in the system and consequently characterise similar cases, will be to expose and ostracise it for what it is.
Zwide is a concerned South African who writes in his personal capacity.
Cape Times