Pretoria – Advocate Malesela Teffo, who represents four of the five men accused of killing Bafana Bafana goalkeeper Senzo Robert Meyiwa, has argued that the National Prosecuting Authority (NPA) is misleading the nation on the status of the second docket.
A confirmation was on Tuesday presented to the High Court in Pretoria, through a letter signed by the Director of Public Prosecutions (DPP), Gauteng Local Division, by advocate Andrew Chauke, distancing himself from a recommendation to prosecute the people who were in the house with Meyiwa, including Kelly Khumalo.
“This office did not make any decision or otherwise regarding the case docket (the second docket accusing Kelly Khumalo and others),” said Chauke in the letter seen by IOL.
“The alleged documents do not have any status as such, and was an internal opinion from a junior State advocate which was without merit.”
Contained in that second docket, 375, is a recommendation by the State to have the following people charged: Kelly Khumalo, Chicco Twala’s son Longwe Twala, Kelly’s mother Gladness Khumalo, Kelly’s sister Zandi Khumalo, Senzo’s childhood friend Tumelo Madlala, Mthokozisi Thwala and Maggie Phiri, who is said to have cleaned the crime scene before the police officers arrived.
Teffo argued that the recommendation, which the NPA is trying to distance itself from, was not made by a junior prosecution official.
“The docket 375 was assigned to advocate Vincent Nzuke. Actually, all the dockets were with advocate Nzuke. He is the person mentioned in the two letters (from Chauke) as a junior State advocate,” said Teffo.
“Here, Mr Chauke is being disingenuous. Vincent Nzuke is not a junior State advocate. He is a senior. He is at the high court.”
Teffo described Nzuke as “a very dedicated public servant, a committed prosecutor”, before Judge Tshifhiwa Maumela asked him not to lay out the CV of Nzuke.
The judge asked Teffo if the director of public prosecutions instructed that prosecution happen on both dockets.
Teffo said he actually knows that instructions were given for prosecution to happen on the docket 375, which was assigned to Nzuke and which accuses people including Kelly Khumalo and not the five men before the court.
“For reasons unknown, it was on the 26th of October 2020 where there was a press conference of the minister of police (Bheki Cele) and the commissioner of the SAPS, the former national commissioner Khehla Sitole and his deputy, the late Lieutenant-General Mfazi, where it was made known to the whole nation that there was a breakthrough in the murder of Senzo Robert Meyiwa whereby five suspects had been arrested,” he said.
The five men then appeared in the Boksburg court the following day.
Teffo said that the development took him, the investigating officer on the docket 375 and the Meyiwa family “by surprise”.
He said Nzuke initially came to the conclusion of prosecuting the people including Kelly Khumalo after analysing both dockets.
Meyiwa was killed in 2014 while visiting Kelly at her mother’s house in Vosloorus, Gauteng.
Five men, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifokuhle Ntuli, are facing charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm as well as possession of ammunition. All of the accused have pleaded not guilty.