Almost a month into the trial of five men accused of murdering football star Senzo Meyiwa, advocate Dan Teffo, who is representing four of the accused, told the Pretoria High Court that there had been a warrant of arrest for Meyiwa’s girlfriend, the singer Kelly Khumalo, when the five accused were arrested.  

“What made [State advocate George] Baloyi hold back on arresting Kelly Khumalo? Kelly Khumalo has been deeply implicated,” Teffo told the court. 

Khumalo, who has a child with Meyiwa, was with the footballer when he was murdered at her mother’s home in Vosloorus in October 2014. Through statements and interviews, Khumalo has maintained that a botched robbery led to Meyiwa’s death.  

Teffo demanded a certificate from the Director of Public Prosecutions (DPP) in Johannesburg to detail the reasons why Khumalo was not in the dock alongside the five accused.  

What was meant to be a discussion about the postponement of the murder trial turned into Teffo speaking for almost two hours on an unrelated issue.  

“Are you giving evidence?” asked Judge Tshifhiwa Maumela.  

“No, I’m laying the background of these dockets,” responded Teffo.  

Teffo, representing Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube and Mthokoziseni Maphisa, spoke at length about his clients’ arrest, a second docket, Baloyi and a letter regarding Exhibit C.  

Exhibit C refers to an unsigned indictment that implicates the people who were with Meyiwa when he was murdered in 2014. Those people are Kelly Khumalo, Gladness Khumalo, Zandile Khumalo, Longwe Twala, Tumelo Madlala, Mthokosizi Thwala and Maggie Phiri.  

The unsigned indictment recommended that the group should be charged with murder and defeating the ends of justice. Advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, had asked the Gauteng DPP for clarity regarding Exhibit C.

After almost two hours of Teffo speaking, Baloyi said he was worried about the information being shared and asked that “the current process be dealt with by way of an affidavit”.  

To this, Maumela said to Teffo: “Earlier, I asked you, are you giving evidence? Now you are mentioning names and details… I don’t know what you are doing now and what you expect me to do with this information.” 

Teffo said he was merely responding to what was said on Monday. “There’s a story that the State and advocate Mshololo didn’t know about the second docket and that I used a connection to get it,” responded Teffo.  

Teffo said that Baloyi did not have title to prosecute the matter, to which Judge Maumela did not respond, but Baloyi said: “This should be thrashed out through an affidavit.”

Five hours after proceedings had started, Maumela said that denying Mshololo’s request for more time to look at the second docket had denied her the opportunity to adequately prepare for her client, and the judge granted the postponement.  

The defence and State counsel agreed to return to court on 12 July for Teffo to submit his application. DM