Senzo Meyiwa: Judge Mokgoatlheng says Maphisa has case to answer

JOHANNESBURG - The presiding judge in the Senzo Meyiwa trial has relied heavily on testimony by the State's key witness in his decision to dismiss the acquittal application by one of the accused.

On Tuesday, the court ruled that Mthokoziseni Maphisa had a case to answer to.

Maphisa had brought a discharge application, arguing that the State had not led enough evidence against him to secure a conviction.

Maphisa is one of five men who are being tried for Meyiwa's 2014 murder, in what the State believes was a contract killing by his girlfriend, singer Kelly Khumalo.

Constable Sizwe Zungu's testimony was pivotal in the State's case as he claimed to have seen the five accused at the Basotho hostel hours before Meyiwa was killed and then again with guns moments after Meyiwa's murder.

While making his case for acquittal, Maphisa's lawyer argued that Zungu was not a reliable witness, arguing that his evidence shouldbe dismissed.

But on Tuesday, Judge Ratha Mokgoatlheng differed with this argument.

"In my view, that is material evidence, critical evidence, because it relates to living human beings. Zungu says he was together with accused 1,2,3,4,5."

While handing down his judgment, Mokgoatlheng said he could not grant Maphisa an acquittal because there was evidence that he must answer to.

The matter has been postponed to 22 September for the defence to open its case.