PRETORIA – The State has officially closed its case in the high-profile Senzo Meyiwa murder trial after three years of leading evidence against the five accused.
A Long Road to This Milestone
The murder of Senzo Meyiwa, the beloved Bafana Bafana and Orlando Pirates goalkeeper, shocked South Africa on 26 October 2014. He was shot dead at the Vosloorus home of his then-girlfriend, singer Kelly Khumalo, in what was initially thought to be a botched robbery. However, the State’s case has painted a different picture over the years, alleging it was a planned hit. The trial, which began in earnest in 2020 but faced a complete restart in July 2023 due to issues with the previous presiding judge, Tshifhiwa Maumela, has been marked by numerous setbacks. Under Judge Ratha Mokgoatlheng at the North Gauteng High Court in Pretoria, prosecutors have methodically presented their evidence, calling dozens of witnesses including eyewitnesses from the night of the shooting, forensic experts, police investigators, and even individuals who provided confessional statements.
The five accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli – are charged with premeditated murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition. All have pleaded not guilty, maintaining their innocence throughout the proceedings. The State alleges that the men were hired to carry out the killing, supported by cellphone records showing communications between some accused and figures linked to the crime scene, ballistic evidence matching a firearm to the murder weapon, and confessions from two of the accused that were later challenged as coerced.
Court Proceedings on 24 July 2025: Delays and Assurances
The day’s session on Thursday, 24 July 2025, began with familiar frustrations as the court dealt with ongoing delays caused by the late arrival of the accused. Judge Mokgoatlheng, drawing on his extensive experience, expressed deep concern over these repeated issues. “I have been in this profession for 55 years. I have never seen such a thing. You come to court, you sit, the accused are not here,” he said, adding that even the Chief Justice had queried the trial’s prolonged duration.
A key point of contention involved accused number five, Fisokuhle Ntuli, who had refused to leave his cell the previous day, claiming mistreatment at Kgosi Mampuru Correctional Centre. Ntuli alleged torture, including being shackled unfairly and falsely accused of possessing a cellphone during a raid. This led to his transfer to the C-Max section of the prison, which he said hindered his ability to concentrate on the trial. The Judge had previously ordered Ntuli’s move to Leeuwkop Prison to ensure smoother proceedings, but correctional services officials sought to revisit this.
The area commissioner appeared in court to address these matters, assuring the Judge of improvements. “I put my head on the block. I will ensure that they are here before 10:00,” he committed, emphasising that his presence showed the issue had been escalated to high levels. He explained operational challenges, such as security protocols and inmate classifications, but pledged to prevent further disruptions. “We commit ourselves to making sure that there’s a smooth running of this court,” he added.
Judge Mokgoatlheng, describing himself as “a disciple of Nelson Mandela” who believed in resolving issues through dialogue, accepted the undertaking but stressed the need for compliance with court orders. He recalled a recent fight in court between correctional staff and an accused, underscoring the tense atmosphere. “I’m a very easy man. Very easy. I’m a disciple of Nelson Mandela. He solves intractable issues for this country by just talking like we are doing,” the Judge remarked, urging common sense over escalation.
Defence counsel argued that the detention conditions were affecting their clients’ constitutional rights to a fair and speedy trial, with one submitting that Ntuli needed a stable environment to focus as the defence phase approached. Prosecutors countered that the delays were unjustified and stemmed from inmate behaviour, invoking Section 173 of the Constitution, which grants courts inherent power to regulate their processes for the administration of justice. The Judge ultimately left his order intact, advising any challenges to follow proper legal channels like appeals or reviews, rather than informal discussions.
Finalising Exhibits and Evidence
With the delays addressed, the State proceeded to wrap up its case by updating the exhibit list and resolving duplications. Prosecutor George Baloyi guided the court through amendments, including:
• Renaming exhibits to avoid overlaps, such as changing the statement of forensic pathology officer Elizabeth McQuena to Exhibit K, while keeping Warrant Officer Amanda Steynkamp’s report as Exhibit J.
• Admitting aerial photographs (Exhibit ZZ1) of Vosloorus areas, including the police station, municipal building, and taxi rank, taken by Warrant Officer TG Moneti on 19 June 2025.
• Handing up new items like a statement from Mr Madala dated 5 November 2020 (Exhibit V3), photos comparing identity kits (Exhibit DD4A), and 18 photos from accused number two’s cellphone downloads (Exhibit DD4B).
• Including extracts from Brigadier Gininda’s 2014 diary (Exhibit ZZ), inspection-in-loco photos by Sergeant JG Mangani (Exhibit ZZ2), prison records clarifying accused number one’s arrest and release dates (Exhibit ZZ3), and a death certificate for Mr Tabiso Maleni (Exhibit ZZ4), whose inquest remains under investigation.
• Real exhibits on USB drives, such as cellphone downloads from accused numbers two and three (Exhibits 6 and 7), eNCA footage from 27 October 2014 (Exhibit 8), correspondence for Section 205 subpoenas (Exhibit 8A), and Section 205 data on the accused except number five (Exhibit 9).
• Affidavits like that of Sergeant Moses Mabasa (Exhibit S), including a contact list, enhanced photos showing a gold tooth on accused number three, and a dental report from Dr Zet Ali dated 18 June 2025 (Exhibit SE), which was read into the record during re-examination.
The State confirmed that all evidence, including forensic downloads, crime scene images, CCTV footage, telephone records, and affidavits linking the accused to the crime, had been presented. This comprehensive body of proof aims to show beyond reasonable doubt that the accused were involved in the orchestrated killing.
Tensions and Reflections in the Courtroom
The atmosphere remained charged, with defence lawyers highlighting how disputes between inmates and correctional services could impact the accused’s focus. One counsel appealed for the Judge not to recall his order, noting, “It is my respectful submission my lord and we are towards the end of the state case now approaching the defense case wherein we need Mr. Ntuli full concentration towards his case.”
Prosecutors emphasised the need for progress, stating that the court’s inherent jurisdiction under the Constitution allowed for orders ensuring a smooth trial. The Judge reflected on broader lessons, drawing parallels to South Africa’s history: “This country the ANC and the PAC were one organization… They split on the basis of arguing about whether they must include whites… And when Mandela and others in 1990… they said whites were still in this country… that problem you can talk around it like this problem nobody is being denigrated… it’s about common sense.”
He reiterated his sole interest: “All I’m interested in is the court must start on time.”
What Lies Ahead in the Trial
With the State’s case now closed, the focus shifts to the defence. Each accused will have the chance to testify, call witnesses, or argue that the prosecution failed to prove guilt. The defence phase is set to begin in the coming weeks, potentially including challenges to the admissibility of confessions, which some accused claim were obtained through assault by police. Legal experts anticipate scrutiny of key evidence, such as alleged unlawful calls between Kelly Khumalo and some accused, and whether forensic links hold up.
For Meyiwa’s family, who have endured a decade without closure, this marks a critical step. They have expressed frustration over the delays, with some family members stating that the State has struggled to place the accused definitively at the scene. The trial’s history includes dramatic moments, like the death of defence advocate Thulani Mngomezulu in December 2024, a trial-within-a-trial on confession admissibility, and Judge Mokgoatlheng’s past public apology for racially charged comments during proceedings.
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