Defence Advocate Malesela Teffo demanded a certificate from the Director of Public Prosecutions in Johannesburg to detail the reasons why Kelly Khumalo was not among the five suspects currently in the dock for the murder of Senzo Meyiwa.
The late Bafana Bafana captain and Khumalo were dating at the time of his death at the singer’s mother’s house in October 2014.
Teffo, who again raised the issue of the now-infamous second docket, addressed Judge Tshifhiwa Maumela on the backdrop of his counsel opposing an application for the postponement brought by the defence of accused number five Sifiso Ntuli.
“The certificate should indicate the reasons by the Director of Public Prosecutions in the South Gauteng division why Nonhlanhla Kelly Khumalo is not with these suspects, as she was supposed to be charged with murder, conspiracy to commit murder and defeating the ends of justice.”
However, it was agreed that Teffo, who represents accused number one to four, would craft his submissions by way of an affidavit, which would be heard and deliberated on July 11.
Maumela was also compelled to make a ruling to grant defence Advocate Zandile Mshsololo time to study the contents of the second docket and further take instructions from her client.
This application was vehemently opposed by Teffo’s instructing attorney Timothy Thobane on the basis that the office of the National Director of Public Prosecutions issued a letter to the court, citing that the indictment as a result of the second docket lacked merit and was an internal opinion of a junior prosecutor.
The indictment of the second docket cites the suspects as Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggie Phiri.
While granting the postponement, Maumela said that it was in line with preserving the constitutional rights of accused number five.
Mshololo had been lobbying for the postponement for nearly a week after State Advocate George Baloyi failed to disclose and furnish her with the second docket.
The rights of accused number five have more weight, and if denied, it could taint the image and the decorum of the trial.
After the ruling, Mshololo subsequently asked the court to also compel the office of the National Director of Public Prosecutions to clarify whether the suspects who appear on the second docket would be called as State witnesses.
She contended that this information would assist during her cross-examination of State witness and police forensic expert Thabo Mosia.
Mshololo also wants to find out whether the contentious second docket will be later combined with the first to substantiate the State’s case.
The trial will continue on July 11.