Johannesburg - Judge Ratha Mokgoatlheng has been appointed to preside over the Senzo Meyiwa murder trial.
Mokgoatlheng’s appointment comes after Judge Tshifiwa Maumela was suspended by President Cyril Ramaphosa last week.
In April, the Judicial Service Commission (JSC) recommended Maumela and Nomonde Mngqibisa-Thusi be suspended after complaints about the time it took them to hand down judgments.
Meyiwa’s murder trial has been going on for nine years. It has been full of twists and turns and countless delays, and now with the appointment of Mokgoatlheng, many people are curious as to whether or not it has to start from scratch.
The trial was expected to resume on July 17.
Legal expert Nthabiseng Dubazana, of Dubazana Attorneys, told The Star that the trial would start from scratch amid the appointment of Mokgoatlheng.
This means that all five witnesses seen participating in the trial would have to come back to testify.
The fifth witness, who was yet to conclude, was Zandile Khumalo, the sister of Kelly Khumalo. Kelly was Meyiwa’s girlfriend. Zandile was also at the house when Meyiwa was gunned down.
"This means that the matter is going to start de novo (start from scratch). It means all the evidence that has been dealt with to date is basically scrapped in front of this new judge, and therefore it means the case is starting as if it was never heard before. And so if there are witnesses who have died since the inception of the matter, then that evidence will probably be dealt with as hearsay by the state. So every single witness is going to have to start from scratch and be recalled. In order for this matter to go forward. So yes, we're back to zero," Dubazana said.
The NPA’s North Gauteng regional spokesperson, Lumka Mahanjana, said a statement in relation to the Senzo Meyiwa matter was expected to be issued soon.
The Star