Pretoria – State witness Tumelo Madlala, who was present when Senzo Meyiwa was shot in October 2014, has resumed his testimony in the High Court in Pretoria.
On Wednesday, Madlala, who was a close friend of the Bafana Bafana and Orlando Pirates ace goalkeeper, told Judge Tshifhiwa Maumela that he could identify one of the men who fatally shot the soccer star.
“The State asked you whether you are in a position to identify any of the suspects before court,” Madlala was asked by the lead State prosecutor, advocate George Baloyi.
Madlala responded: “If I was allowed to mention it yesterday, I would have mentioned it. That’s why I asked for a break because I was annoyed to be in the same room as that person”.
The legal representative of the four of the accused, Tshepo Thobane, objected to Baloyi’s question and said the identification question was vague.
“Identification in the court is inadmissible and doesn't have value. Most importantly, because my clients who appear in this honourable court, one until four, were not taken to an identity parade.
“If the State wants to take it further, it will require a trial within a trial,” Thobane argued.
Baloyi tried to submit heads of argument to allow for an in-court identification and said the defence could respond the next day or whenever they had time.
Advocate Zandile Mshololo, who is representing one of the accused, objected to Baloyi’s submissions and called his tactics an ambush.
“We have not been given those heads of arguments, my lord. We need to be furnished with the heads of arguments on what the State intends to bring in the honourable court. We don’t even know what are the issues the State is intending to introduce before the court. Therefore, we cannot be ambushed like that.”
Judge Maumela said, to eliminate the ambush element, it would only be fair for Baloyi to make his heads of argument available to the defence before he argued the matter in court.
“Okay, I will furnish them with the heads now and argue the matter tomorrow,” said Baloyi.
The media has been ordered not to film Madlala as he testifies.
On Wednesday, the court also heard that music mogul Chicco Twala was overheard asking singer Kelly Khumalo if she would not want to undertake a holiday abroad after the death of Meyiwa.
After the murder of Meyiwa, Madlala spent time with Kelly at Mulbarton, a suburb located in the south of Joburg, where the deceased footballer and his socialite girlfriend shared a townhouse.
“I am not sure about the day, but while I was still at Mulbarton, Chicco Twala arrived. Kelly was crying a lot those days, and I was not well. She is the one who informed Chicco that this is Senzo’s friend. Chicco Twala is Longwe’s father,” Madlala told the court.
“I heard him speak to Kelly, enquiring from Kelly if she did not want to go overseas from some holiday.”
Meyiwa was killed on October 26, 2014, while in the company of his girlfriend and the mother of his child, Kelly Khumalo, in Vosloorus.
In the house, that day were Meyiwa, Kelly and her younger sister, Zandile, their mother Ntombi Khumalo (MaKhumalo), Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Tumelo Madlala, Kelly’s then 4-year-old son, Christian, and Thingo, her daughter with Meyiwa.
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.
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