Songstress Kelly Khumalo could be charged with defeating the ends of justice relating to the murder of her lover, Senzo Meyiwa.
That is if the National Prosecuting Authority (NPA) decides to prosecute her, following the outcome of a pending court case.
City Press has established this from correspondence sent by the NPA’s Gauteng deputy director of public prosecutions Advocate George Baloyi to Advocate Malesela Teffo, who has been appointed to conduct a watching brief by the Meyiwa family.
Meyiwa, a former Orlando Pirates and Bafana Bafana goalkeeper, was shot and killed at Khumalo’s house in Vosloorus in October 2014.
Five suspects – Muzikawukhulelwa S’Tembu Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa and Sifisokuhle Sifiso Nkani Ntuli – are scheduled to appear in court in April.
The latest developments come after Teffo was arrested twice in the past few weeks on unrelated matters.
During his arrests, Teffo said he had been scheduled to meet with officials who previously worked on the case before it was taken over by another team of investigators led by a brigadier at the national office.He said he had also made contact with Khumalo, who had referred him to her legal team.
Teffo said his arrests were allegedly part of a plan hatched by police to force him to terminate his brief with the Meyiwa family and to discourage him from providing his services to police officials who had been charged by the police department.
He said the case against Khumalo had been registered in Vosloorus in 2019, but had allegedly been quashed after a new team of investigators took over Meyiwa’s case.
This had allegedly happened just before an NPA prosecutor brought the case against Khumalo and other witnesses, who were in the house at the time of Meyiwa’s shooting, to court.
However, it has been alleged that, when the new team took over and proceeded with the murder investigation, the charge of defeating the ends of justice against Khumalo and others was overlooked.
By the time of going to print, neither the Gauteng police nor the NPA had responded to City Press’ questions about the allegations made by Teffo and the Meyiwa family regarding the case against Khumalo and others.
National police spokesperson Vishnu Naidoo and Police Minister Bheki Cele’s spokesperson Lirandzu Themba had also not responded to requests for comment.
‘No knowledge’ of the case
Magdalene Moonsamy, Khumalo’s legal representative, confirmed that her firm had been contacted by Teffo while he was in custody.
He was arrested for trespassing and assault when he entered the Gauteng provincial police offices last year while attending arbitration to represent one of his clients.
Moonsamy said she had requested Teffo, who “alleged to being an advocate”, to put the issues that he raised in writing, and that he had refused to do so.
She said her firm had no knowledge of the case against Khumalo.
“Speculations are unnecessary. Should this persist, our instructions are to litigate. Our client’s [rights] remain reserved in totality,” said Moonsamy.
However, Teffo said he had told Moonsamy that he was not in a position to write to her because he was in prison for an unrelated matter. He said he had sent someone else to get in touch with Moonsamy on his behalf.
“I spoke to Kelly and I sent Patricia [Mashale] to Moonsamy. She responded to Patricia. The reason I couldn’t follow it up was that I was under arrest,” he said.
He maintained that the police had bungled Meyiwa’s case. He said there had been seven witnesses in Khumalo’s house who would be charged not only with defeating the ends of justice, but also with murder.
Case may be ‘re-evaluated’
In a letter dated November 17 sent by Baloyi to Teffo, which City Press has seen, Baloyi acknowledged receiving Teffo’s letter dated November 14.
Baloyi stated that Teffo’s request for the case to be registered on the court roll had been responded to previously by his office.
The previous response, Baloyi wrote, indicated that there was a “very experienced prosecuting team that has been through evidence in both dockets [Meyiwa’s murder and the case against Khumalo and others] with a fine-tooth comb”.
Baloyi stated that the team was of the view that there was objective, credible, admissible and relevant evidence in respect of the murder docket, and that there was a likelihood that a conviction might ensue.
Baloyi wrote: After finalisation of the trial in respect of the murder docket and with the benefit of credibility findings of the witnesses by the trial court, the docket of defeating the ends of justice will be evaluated afresh to decide whether a prosecution should be instituted.
He stated that the reason the trial could not proceed in October was that there were four new legal representatives who had since been appointed by Legal Aid SA, and that date did not suit them.
POLICE ‘COVERING UP’ FOR SOMEONE
Meyiwa’s brother, Sifiso, maintained this week that the family was not convinced that the suspects facing trial were responsible for Senzo’s murder.
“The people who are arrested aren’t involved. These policemen are trying to cover up for someone. They’re not interested in finding the truth. They know the truth. They just want to close this case. They’re protecting someone we know, but I won’t mention the name.
“We’ve got evidence of defeating the ends of justice. We know who shot my brother. That’s why we’re saying that those people aren’t the right suspects. He said:We know who the right suspect is.
The same allegation is contained in the dossier that Teffo sent to President Cyril Ramaphosa.
In the dossier, Teffo alleged that a brigadier, whose name is known to City Press, got rid of two senior officers in the Meyiwa case.
He added that it was a “fact that the current suspects in the late Senzo Meyiwa’s case are innocent” and that there were plans and attempts to “scare him by unlawful arrests”.