The court case for the murder of Senzo Meyiwa was set to continue on Monday 25 April. However, before the trial began, the Gauteng High Court in Pretoria asked Kelly Khumalo’s lawyer to leave the courtroom.
Why is Kelly Khumalo involved in the Senzo Meyiwa case?
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifiso Ntuli have been charged with robbery with aggravating circumstances, illegal possession of a firearm and ammunition, attempted murder, and the murder of the Bafana Bafana goalkeeper in October 2014.
Meyiwa and South African singer Kelly Khumalo was dating at the time and shared a child together. Khumalo also plays an important role in the murder trial as Meyiwa was murdered in her home.
Magdalene Moonsamy asked to leave twice
On Monday, the trial continued and the five suspects once again appeared in court.
But before the trial session could kick off and the first witness called, prosecutor George Baloyi made the request that Khumalo’s lawyer, Magdalene Moonsamy, should excuse herself from the courtroom.
Baloyi argued that since Khumalo may be called as a state witness in the trial, her lawyer may not be conducting a watching brief for her client. Thus, she may only be in court when her client is called as a state witness.
This was not the first time Moonsamy was asked to leave the courtroom. And on Friday 22 April, advocate Maesela Teffo, who represents four of the five suspects, also objected to Moonsamy being present in court.
“The charges have been read and charge three (robbery with aggravating circumstances) has been amended and is talking about Kelly Khumalo having been robbed and her mother having been robbed. So now Moonsamy is a watching brief and every time she goes and gives Kelly feedback, and she is also getting our documents,” News24 reported.
Judge Tshifhiwa Maumela did not grant Teffo’s request of removing Moonsamy from the courtroom and commented that it was common to have watching briefs in cases.
Judge Maumela agrees “for the sake of the purity of the process”
During Monday’s session when Baloyi voiced his concerns about Moonsamy’s presence, she argued that since the trial is broadcasted live, it meant that the evidence would, either way, be in the public domain.
But to the surprise of many, Judge Maumela stepped in and agreed this time that she should excuse herself “for the sake of the purity of the process”.
“You will excuse us, as to what you do when you are outside is not in our terrain,” Judge Maumela added as Moonsamy left the courtroom.