The Senzo Meyiwa murder trial has been dealt a devastating blow with the sudden death of Advocate Thulani Mngomezulu, the attorney representing accused number one, Muzikawukhulelwa Sibiya. Mngomezulu passed away on Tuesday morning, 10 December 2024, at Thelle Mogoerane Hospital in Vosloorus following an undisclosed illness.
A family spokesperson, Dumisile Mngomezulu, confirmed the sad news in a statement: “It is with sadness that we announce the passing of our beloved husband, father, and son. We confirm his untimely passing in the early hours of 10th December 2024 at Thelle Moroerane Hospital in Vosloorus [east of Johannesburg]. In this time of grief, we ask for your compassion, space, and time to congregate as a family to decide on the upcoming days. We thank you for your love and support in advance and ask that you continue to keep us in your prayers.”
Mngomezulu's illness had been impacting his ability to attend court proceedings for some time. He had been absent from court due to ill health since October, revealed state prosecutor George Baloyi. Baloyi detailed that Mngomezulu had been granted sick leave from October 22nd to 25th, providing a medical certificate to support his absence.
"I am writing to respectfully request for Mr Mngomezulu to be excused from court between October 22 and October 25, 2024. Unfortunately, he is unable to attend court due to a serious illness," Baloyi read from the letter, adding that Mngomezulu had been wearing a face mask in court since October as a sign of his deteriorating health. His health reportedly worsened around the time the lead investigator was due to continue his testimony.
The August bombshell dropped by Mngomezulu significantly altered the course of the trial. During the cross-examination of state witness and ballistic expert Lieutenant-Colonel Christian Mangena, Mngomezulu alleged that Longwe Twala had fatally wounded Meyiwa using a .38 special revolver belonging to his father. This directly contradicted Mangena's testimony, which identified the firearm presented as evidence as a 9mm parabellum semi-automatic pistol, not the murder weapon.
Mngomezulu's questioning of Mangena focused on the firearm licence found with the 9mm pistol. He pressed Mangena on why the licence was included in the evidence, questioning whether its purpose was to establish legality, legitimacy, ownership, or a connection to the crime. Mangena stated the firearm was submitted for comparison with the bullet found at the scene, not to determine ownership.
Despite Mangena's responses, Mngomezulu insisted on identifying the firearm's owner, highlighting the presence of the licence as a key piece of information. The tension in the courtroom was palpable as Mngomezulu pursued this line of questioning.
Mngomezulu's death now leaves the future of the trial uncertain. The National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana confirmed that the trial would continue on Wednesday, but the proceedings' continuation hinges on Sibiya's decision regarding legal representation. Sibiya must decide whether to represent himself, appoint a lawyer from among his co-accused's legal teams, or obtain new counsel.
Criminal law expert Willem Els explained the implications of Mngomezulu's death on the trial's progress.
"Normally, in cases like that, whenever your lawyer dies, whether your lawyer gets sick, or whether you fire the lawyer, or whether the lawyer withdraws, they have to postpone the case to afford you time to get a new lawyer. And then that lawyer needs time to prepare himself or herself, and then the case can continue. So it's just going to be a delay in the case now,” Els stated.
He outlined Sibiya's options: accepting a state-appointed lawyer, securing private counsel, or choosing self-representation. "But at the end of the day, the accused has to inform the bench what he’s going to do," Els added.
Mpumelelo Zikalala, another legal expert, echoed this sentiment, stating that Sibiya would be given the opportunity to find new legal representation. He highlighted the significant work involved for a new lawyer, including reviewing transcripts of the evidence presented in court and deciding whether to recall any witnesses for further cross-examination.
The Senzo Meyiwa murder trial has already been plagued by numerous delays, prompting Gauteng judge president Dunstan Mlambo to express his dissatisfaction with the trial's slow pace to judge Ratha Mokgoatlheng in August.
These delays have stemmed from various factors, including outstanding transcripts from Lt-Col Christian Mangena's testimony. Judge Mokgoatlheng acknowledged the concerns, reading a letter from a concerned citizen expressing frustration over the adjournments and the need for closure for Meyiwa's family and the families of the accused.
The letter highlighted the fact that Meyiwa's father passed away without knowing the identity of his son's killer. The untimely death of Advocate Mngomezulu adds another layer of complexity and potential delay to an already protracted and highly sensitive case.
