Broken evidence chain, contradictions may aid Meyiwa defence in Section 174 bid: experts
While the defence argues there is insufficient evidence to continue, analysts agree that the state's case has several weaknesses that the defence is likely to exploit when they argue their case from Thursday to have the charges dropped against the five men accused of killing the soccer star.
These include a broken chain of evidence, contradictions in witness testimony and the state's failure to call all the individuals who were present in the house at the time of the murder.
Meyiwa was shot dead in the presence of his then-girlfriend Kelly Khumalo at her mother's home in Vosloorus in October 2014. Also present were Kelly's sister Zandile, her boyfriend Longwe Twala, the sisters' mother Ntombi Khumalo and two of Meyiwa's friends visiting from KwaZulu-Natal.
The occupants claimed Meyiwa was killed by one of two intruders who barged into the home and demanded cellphones and money.
Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa's murder. They have pleaded not guilty.
When the trial resumes on Thursday, the court is expected to hear whether the defence will proceed with its section 174 discharge application. The decision is pending approval from Legal Aid South Africa, which is funding the defence.
According to senior legal consultant adv Romeo Nthambeleni, the section 174 application is brought by the accused when they feel that the state has not discharged its onus of proving the case beyond a reasonable doubt.
However, Nthambeleni does not believe the defence's application will succeed.
'The state has brought enough evidence to be able to link the accused to the crime scene. The state has brought enough evidence for the court to actually consider that they have committed the offence that they are charged with. As far as I'm concerned, they will not be successful on section 174.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Eyewitness News
4 hours ago
- Eyewitness News
Activists welcomes court decision dismissing application by teacher accused of child sexual abuse
CAPE TOWN - The Women and Men Against Child Abuse has welcomed a court decision dismissing an application by a former Cape Town teacher accused of child sexual abuse to be acquitted of charges against him. The Wynberg Regional Court rejected Iain Wares' Section 174 application brought by his lawyer Ben Mathewson last week. Mathewson argued that the state had insufficient evidence to prosecute his client and that the testimonies of state witnesses lacked credibility. Wares is facing multiple charges related to sexual abuse of boys in South Africa and in the United Kingdom during his 40-year teaching career. ALSO READ: ConCourt to hear application to halt extradition of Iain Wares to UK Iain Wares is accused by a former pupil at Rondebosch Boys Preparatory School, known only as Stephen, of abusing him in 1988 while he was a teacher there. Magistrate Vanessa Miki has ruled that the state's evidence is enough to proceed with the case. Women and Men Against Child Abuse Advocacy Manager Luke Lamprecht hailed the decision as an affirmation that Wares must finally answer for his crimes. "The now adult male victim who was 12 at the time he was taught by Mr Wares, his voice has been heard, and it has been decided by the Magistrate that Mr Wares has a case to answer to." The case has been postponed until October 14 for Wares to start his case.
TimesLIVE
4 days ago
- TimesLIVE
Legal Aid won't fund Meyiwa accused preparations for their discharge bid
Three of the four lawyers representing the men accused of murdering Senzo Meyiwa plan to proceed with their discharge applications, despite Legal Aid South Africa declining to fund their preparation for the applications. Four of the five accused indicated to the Pretoria high court they wished to apply for their discharge after the state closed its case in July, as they believed the state had failed to present a strong case. Section 174 of the Criminal Procedure Act provides that if, at the close of the state's case and the court is of the opinion there is no evidence the accused committed the offence of which they may be convicted on the charge, the court may return a verdict of not guilty. The lawyers for the accused, who are receiving instructions from Legal Aid South Africa, had been waiting to hear if they would be compensated for their work in preparation for the section 174 applications. Meyiwa was shot dead in the presence of his then girlfriend Kelly Khumalo at her mother's home in Vosloorus in October 2014. Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa's murder. They have pleaded not guilty. When proceedings got under way on Thursday, the Pretoria high court heard from a Legal Aid South Africa official that the entity was 'not amenable' to funding the lawyers' preparations for the discharge applications. 'The (Legal Aid South Africa's) constitutional committee said that they are of the view that to pay an additional four weeks to prepare for a section 174, they weren't amenable to that,' said the official. She said when Legal Aid assumed the mandate to fund the accused, they undertook to fund them through the whole process. However, she said, when deliberating the issue of the section 174 application, the question that came before the constitutional case management committee was whether they would fund a four-week preparation for a section 174 application. 'A decision was made that they won't fund it. We won't stop them from doing a 174, because that is part of the Criminal Procedure Act,' she said. Advocate Charles Mnisi, representing Sibiya and Mncube, had indicated that four weeks was the amount of time he would need to prepare. He said it would be a challenge for him to prepare for the application without any reimbursement. 'I don't think I'll be in a position to do that. I've already done that since January. I've read almost 40,000 pages and I don't want to get there, but I don't think I'll be in a position to do that for the second time again,' he said. Mnisi, however, informed the court that Sibiya and Mncube's instructions were that they still wished to bring the section 174 application. 'The challenge is, who is going to finance it?' he said. Defence lawyer for Ntanzi, Sipho Ramosepele, though faced with the same challenge, refused to dwell deeply on the financing challenges and informed the court he would proceed with the application on behalf of Ntanzi. Ntanzi said Legal Aid had indicated that the defence stood a slim chance of succeeding in the section 174 application. 'That's what they've just told our clients — that we don't have a leg to stand on in the 174 application,' he said. Advocate Zithulele Nxumalo, for Maphisa, said that though Legal Aid had declined to fund the preparations for the application, he would continue as he had already begun preparing and drafting the application. Advocate Zandile Mshololo, for Ntuli, declined to bring a discharge application and said she was ready to present Ntuli's defence. The court ordered that the heads of arguments in the discharge applications must be filed on August 15, the responses, if any, on August 22 and that arguments will be on August 25. TimesLIVE
The Citizen
4 days ago
- The Citizen
'Rats as big as cats,' Louis Liebenberg sent to psychiatric hospital
Liebenberg accused the magistrate of being biased and of enjoying the media attention on the case. Alleged Ponzi scheme kingpin Louis Liebenberg has been sent to a psychiatric hospital for 30 days. This comes after the Bronkhorspruit Magistrate's Court referred the notorious diamond dealer for evaluation during his bail application after a heated debate with the magistrate and various accusations. His rant included comments on bullying, prison abuse, white bread for his gout, the Bible and making various accusations against the magistrate, the court and even the minister of correctional services. 'You know Groenewald talks a bit retarded, you can hear it's him, you can clearly hear it's him. He said, 'Give that man a hard time in prison',' he said. Liebenberg accused the magistrate of being biased and of enjoying the media attention on the case. [WATCH] The court orders that alleged diamond scammer Louis Liebenberg be referred to Weskoppies Hospital for psychiatric observation for 30 days. It also orders Legal Aid SA to provide him with a lawyer. #Newzroom405 August 7, 2025 ALSO READ: Mashatile fined for failing to declare diamond gift from Louis Liebenberg 'Rats bigger than cats' He also complained about conditions in the C-Max prison, where inmates were held at the Kgoši Mampuru II Correctional Centre in Pretoria, claiming that there were rats bigger than cats in the basement cells. 'They run over your body at night; that happens.' The court ordered that Liebenberg be referred to Weskoppies Hospital for psychiatric observation, and also ordered Legal Aid South Africa to provide him with a lawyer. Bail application A visibly upset Liebenberg listened to the magistrate as she delivered the orders. 'Currently, the bail application is not progressing because you are not focused on the bail application; you are focused on other opinions of your own. So it is this court's responsibility to ensure that you understand the court proceedings and what is at stake at your bail application.' Observation by Weskoppies Hospital The magistrate said the court has also not received any clear indication from Liebenberg whether he wanted Legal Aid or not. 'You have certain requirements from the Legal Aid board, which is also to your disadvantage. Therefore, the court is making two orders today. The first one in terms of section 77, one is to be referred to Weskoppies [Hospital] for observation for 30 days for the court to be certain that you understand the court proceedings. 'Secondly, the court is ordering Legal Aid South Africa to provide you with a legal representative,' the magistrate said. Verbal exchange When asked if he understood what was said, Liebenberg asked if he could appeal the decision, but the magistrate replied that he could not. Liebenberg told the magistrate that he wanted her removed from the matter. 'On what grounds?' she asked 'You are not objective. I don't feel I will have a fair hearing in front of you,' Liebenberg responded, before pointing out that the doctor had found him to be compos mentis (mentally competent). The magistrate told Liebenberg could brief his Legal Aid lawyer to lodge an application for her recusal, but he insisted that he would not use their services. Multiple charges against Liebenberg and co-accused Liebenberg, his wife, Desiree Liebenberg, Magdelena Petronella Kleynhans, Johannes Petrus Badenhorst, Helena Dorothea Amy Schulenburg, Adriaan Dewald Strydom, Christelle Badenhorst, Nicolize van Heerden and Walter Niendinger are accused of more than R4 billion in fraud. They face 42 counts of fraud (alternatively theft), five counts of racketeering, six counts of money laundering and various statutory offences, including contraventions of the Companies Act. NOW READ: Mashatile fined for failing to declare diamond gift from Louis Liebenberg
