The defence implied that the state might be concealing certain information.
Tensions flared in the Gauteng High Court in Pretoria as the defence in the Senzo Meyiwa murder trial pressed the lead investigator to reveal why the five accused were charged.
The trial resumed on Wednesday with further testimony from lead investigator Bongani Gininda.
Senzo Meyiwa murder trial continues
Questioning Gininda on behalf of accused one Muzikawukhulelwa Sibiya, Advocate Charles Mnisi focused his cross-examination on what Gininda presented to the National Prosecuting Authority (NPA) to secure the enrolment of the case in court.
Gininda had previously testified that he submitted the case docket to the NPA, which included confessions from Sibiya and accused number two, Bongani Ntanzi.
“What were the facts that you presented in that memorandum on which you requested the state to make their decision?” Mnisi asked.
Before Gininda could elaborate, state prosecutor Advocate George Baloyi objected, arguing that the question was irrelevant to the cross-examination.
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“What happened when Brigadier Gininda briefed the office of the DPP [Director of Public Prosecutions] is irrelevant.
“It’s a collateral issue that, in our view, should not be canvassed during these proceedings. It is like what happens during consultation; it remains there. It shouldn’t be brought into the courtroom,” Baloyi stated.
In response, Mnisi maintained that the contents of the memorandum were directly relevant to the murder trial.
“There’s nothing secret about it. It could have formed the basis of why these accused persons were ultimately arrested and charged with the offences they were charged with today. So there is nothing irrelevant on that,” he said.
Watch the trial below:
“We are entitled, as the defence and particularly these accused persons, to know what were the facts upon which the state decided to indict them to come and stand trial before this court.
“What is wrong with that? They are entitled to it, unless there’s something which is being hidden,” Mnisi added.
Baloyi countered by highlighting that Gininda had already presented the evidence through his affidavit, which detailed the grounds for issuing the arrest warrants.”
“The information is already before the court,” he said.
State argues info is confidential
However, Mnisi persisted, stressing the need for clarity about the contents of the memorandum rather than the affidavit.
“I don’t know what was contained in that memorandum,” he said.
Gininda then offered to provide a summary from memory.
“I will try to summarise because I don’t have the memorandum with me and that was done in 2020, but I do have recollection of what it contained.”
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Mnisi interrupted, saying, “Those are not facts”.
Baloyi again objected, asserting that the information in the memorandum was confidential.
“Not that there’s anything to hide in the memorandum; it’s just the issue of legal principle… They are not entitled to information or documents that are filed in the B section of the docket,” Baloyi explained.
He further emphasised that the court had already been presented with the relevant facts via Gininda’s affidavit.
“It is therefore unfair to expect of this witness to regurgitate facts that have already been presented.”
Judge in Senzo Meyiwa murder trial intervenes
Judge Ratha Mokgoatlheng ultimately intervened, ruling that the discussions Gininda had with senior NPA officials were privileged.
“What this witness discusses with [Shamila] Batohi is privileged; the same thing as what you discuss with your [client] is privileged, and that is the law,” Mokgoatlheng told Mnisi.
Mnisi threatened to stop the cross-examination.
“Then I’m not going to proceed.”
Responding firmly, Mokgoatlheng invoked legal precedent to support his ruling.
“I have told you what the law is. Don’t assist me. If I’m wrong, take it on appeal or review,” the judge stated.
The trial will continue on Thursday.
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