The new judge in the Senzo Meyiwa murder trial, Judge Ratha Mokgoatlheng has emphasised that previous proceedings in the high profile trial have been nullified, as he took over from the embattled Judge Tshifhiwa Maumela.
On Friday, an order was issued nullifying the trial held by Maumela in the North Gauteng High Court in Pretoria.
On Monday, Mokgoatlheng was informed by State prosecutor, advocate George Baloyi that all five men before the court are in custody - at different prisons, including the Kgosi Mampuru II correctional facility in Tshwane, and the Modderbee prison in Benoni.
Mokgoatlheng said “in the spirit of the new proceedings” the murder accused have the right to seek bail.
“In the spirit of the new proceedings, you are advised that you have the right to apply for bail. What happened in the past is the past,” Mokgoatlheng addressed the five men in the dock.
“The only caveat is that if anyone of you wants to do that, this court can’t entertain the bail application because it is seized with your trial. Arrangements will have to be made for another judge to hear the bail application,” Mokgoatlheng said.
Baloyi told the court that the indictment will remain the same, save for some cosmetic changes in the wording.
The prosecution also highlighted that it would not be bringing in new witnesses in the trial.
The trial was postponed on Monday, paving way for a pre-trial conference.
Earlier this month, IOL reported that Maumela, who is reportedly unwell, has been replaced in the trial.
In April the Judicial Service Commission recommended for him to be suspended due to his failure to deliver reserved judgments in a reasonable time.
The same recommendation was also made for Judge Nomonde Mngqibisa-Thusi.
President Cyril Ramaphosa issued letters of suspension to Judge Tshifhiwa Maumela and Judge Nomonde Mngqibisa-Thusi last month.
After the murder of the Bafana Bafana ace goalkeeper in 2014, the trial only kicked off last year, with police sergeant Thabo Mosia being the first witness to testify. The new trial means that the witnesses who testified will have to come to court again, and testify before the new judge.
For over a year now, the trial went on with several snags, and in court, which has been broadcast live, the trial has been characterised by heated exchanges between former counsel for four of the five murder accused men, Malesela Teffo, who has since been disbarred for unrelated charges.
The five men, Bongani Sandiso Ntanzi, Muzikawukhulelwa Sibiya, 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 five men have previously pleaded not guilty.
IOL