Pretoria - Controversial advocate Malesela Teffo, who represented accused number one to four in the Senzo Meyiwa murder trial in the Gauteng High Court, Pretoria, yesterday dropped a bombshell when he announced his withdrawal from the case.
Teffo cited harassment by the State, Judge Tshifhiwa Maumela and the police, who arrested him inside the courtroom in April on charges of contempt of court for an unrelated matter, as the reason for his decision.
“I am no longer going to be able to proceed in this court based on the harassment that I am receiving from the State and from the court,” he said.
He told Judge Maumela that he could not be in court to face him because there were “serious allegations whereby you are accused number one”.
He also said he faced harassment from the police and National Prosecuting Authority before agreeing to represent Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Ncube and Mthokoziseni Maphisa. The fifth accused, Fisokuhle Ntuli, is represented by advocate Zandile Mshololo.
“On April 28, when I was arrested before your lordship, that was the plan. And the plan was hatched in the office of the president (Cyril Ramaphosa); the number one office of the number one in the country says that I am a problematic advocate.
“I am interfering with the plan that has been hatched that my clients should take the responsibility for the murder of Senzo Meyiwa,” Teffo said.
The case was postponed to August 2 to afford the four accused time to find a new legal representative.
Before his withdrawal, Teffo told the court that he submitted representation in terms of Section 6b of the criminal procedure Act 51 of 1977 to the office of the National Director of Public Prosecutions (NDPP), Shamila Batohi, on July 4 and that it was “getting attention”.
State advocate George Baloyi earlier took the court through correspondence between himself and other counsels since last month’s court adjournment.
Baloyi said the court reconvened yesterday to look at the issue of jurisdiction of the court to try the accused and the issue of the two dockets pertaining to one case as previously raised by Teffo.
He reported that Teffo had abandoned his application to challenge the court’s jurisdiction.
However, he said, Teffo had submitted an application to the prosecuting authority in a bid to have charges against his clients dropped.
Teffo took issue with the fact that the prosecuting authority had gone for people implicated in docket 636 opened in 2014 and not those implicated in docket 375, which was opened in 2019.
He held the view that those implicated in docket 375, who included singer Kelly Khumalo, Longwe Twala, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggie Phiri, should have been charged and prosecuted.
Those implicated in the docket were occupants in the Vosloorus house where Meyiwa was shot dead in October 2014.
Regarding Teffo’s representation to Batohi’s office, Baloyi said: “The Director of Public Prosecutions (DPP) in Pretoria is the one who took the decision to issue a prosecution in this matter and this representation should have been made to him.
“But as I mentioned we respect the route that Teffo is taking. In terms of Section 179 of the Constitution the NDPP has the power to review the decision of the DPP to prosecute or not to after consulting that particular DPP or to intervene if the policy directive has not been complied with.”
She explained that the process would be followed by a consultation between the NDPP and DPP in Pretoria.
The safety of accused number three Ncube at Kgosi Mampuru II prison was thrust into the spotlight by Teffo.
He expressed concerns that Ncube might be dead due to inhumane treatment by the time the trial was finalised.
The bad treatment was contained in a letter, which Teffo insisted be read out in court in spite of other legal counsels not being privy to its contents.
Pretoria News