Senzo Meyiwa Murder Accused Mthokoziseni Maphisa Loses Bid to Have Charges Dropped
The Gauteng High Court in Pretoria has dismissed Mthokoziseni Maphisa’s bid to have charges against him dropped in the Senzo Meyiwa murder trial. Maphisa, accused number four, applied under Section 174 of the Criminal Procedure Act, arguing there was no evidence linking him to the crime, but Judge Ratha Mokgoatlheng ruled that a prima facie case exists and he must answer to the allegations.
This decision, handed down on Monday, 2 September 2025, means Maphisa will continue facing trial alongside his four co-accused for the 2014 murder of the former Bafana Bafana and Orlando Pirates captain. The ruling highlights the court’s view that the state’s evidence, including cellphone records, ballistic reports, and confessions, is strong enough to proceed, despite Maphisa’s claims of insufficient proof.
Background to the Senzo Meyiwa Murder Case
Senzo Meyiwa was shot and killed on 26 October 2014 while visiting his then-girlfriend, singer Kelly Khumalo, at her family home in Vosloorus, Ekurhuleni. The incident occurred in the presence of several people, including Khumalo’s sister Zandile, her then-boyfriend Longwe Twala, and friends Mthokozisi Twala and Tumelo Madlala. Initial reports suggested it was a botched robbery, but investigations later pointed to a possible contract killing.
Five men are on trial: Muzikawukhulelwa Sibiya (accused one), Bongani Ntanzi (accused two), Mthobisi Mncube (accused three), Mthokoziseni Maphisa (accused four), and Fisokuhle Ntuli (accused five). They face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition. All have pleaded not guilty.
The state alleges the murder was a hit ordered by Khumalo, with the accused hired to carry it out. Key evidence includes confessions from Sibiya and Ntanzi, which claim Khumalo orchestrated the killing. These confessions, made shortly after their arrests in 2020, detail how the group was paid R45,000 each for the job. However, the defence has challenged their admissibility, arguing they were obtained under duress through torture by police.
The trial, which began in April 2022 after delays, has seen over 80 witnesses testify, including police investigators, forensic experts, and eyewitnesses. It has been marked by drama, including claims of witness tampering, a car accident involving one accused, and disputes over evidence handling.
Maphisa’s Section 174 Application and Court’s Ruling
Maphisa was the only accused to pursue a Section 174 application after the state closed its case in July 2025. This legal step allows an accused to seek discharge if there is no reasonable evidence upon which a court could convict, without them having to testify. His co-accused initially considered similar bids but abandoned them due to funding issues from Legal Aid South Africa, which refused to cover preparation costs for lengthy postponements.
In his application, Maphisa argued that the state failed to link him to the murder scene or the crime. His defence relied heavily on the testimony of police officer Sizwe Skhumbuzo Zungu, who claimed to have seen Maphisa and others at a Vosloorus hostel on the night of the killing, partying after the deed. However, Judge Mokgoatlheng criticised the application as “limited,” noting it ignored key evidence like ballistic reports matching a gun found with Mncube to the crime scene, cellphone data showing communications between the accused before and after the murder, and the confessions that remain admissible.
The judge emphasised that courts must consider the “totality of the evidence” and not selectively. He referenced common law principles, stating, “Clearly, a person ought not to be prosecuted in the absence of a minimum evidence upon which he might be convicted merely in the expectation that at some stage he might incriminate himself.” He added that silence cannot be held against an accused if no prima facie case exists, but here, the evidence creates a case that “calls for an answer.”
Mokgoatlheng pointed out interconnections in the evidence: “There was communication across the board.” He ruled that the confessions of Sibiya and Ntanzi, which implicate the group, have not been adequately countered in Maphisa’s application. The decision means the defence must now present its case, potentially calling witnesses or having the accused testify.
Maphisa’s Background and Role in the Case
Mthokoziseni Ziphozenkosi Maphisa, from KwaZulu-Natal, is already serving a 30-year sentence for an unrelated 2017 murder of a taxi owner in uMlazi. He was arrested for Meyiwa’s murder in 2020 while in prison. The state alleges he was part of the hit squad, providing logistical support, including a vehicle used in the crime. Cellphone tracking places him near the Vosloorus area around the time of the shooting, and witnesses link him to the group at the hostel.
Maphisa has maintained his innocence, denying any involvement. His legal team argued the state’s case relies on circumstantial evidence and unreliable witnesses, some of whom have recanted or been discredited during cross-examination.
Broader Trial Developments
The trial has exposed alleged police misconduct, with defence lawyers accusing investigators of fabricating evidence and torturing suspects to extract confessions. Lead investigator Brigadier Bongani Gininda faced intense cross-examination over inconsistencies in affidavits and the handling of crime scene photos. Eyewitness accounts vary, with some describing intruders in dreadlocks and others disputing the robbery motive.
Financial aspects have also surfaced: the accused allegedly received payments via cash and bank transfers traced to suspicious accounts. Ballistics linked a 9mm pistol found with Mncube in 2015 to the murder weapon, strengthening the state’s case.
The trial, presided over by Judge Mokgoatlheng since July 2023 after previous judges retired or recused themselves, is expected to continue with the defence case. It has drawn massive public interest, with live broadcasts and social media debates questioning the motive—ranging from a love triangle to taxi wars or insurance fraud.
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