Muzikawukhulelwa Sibiya to decide next steps in Meyiwa murder trial

Legal expert Nthabiseng Dubazana explains how defence lawyer Thulani Mngomezulu's death affects the trial

The Pretoria high court will hold a special sitting on January 8 for one of the men accused of killing Senzo Meyiwa to confirm his decision on legal representation. This comes after the death of his lawyer Thulani Mngomezulu.

Muzikawukhulelwa Sibiya, who allegedly confessed to the murder of soccer star Senzo Meyiwa, will have to determine his next steps regarding his defence in the murder trial.

Before proceedings began on Wednesday, the Pretoria high court held a moment of silence in honour of Mngomezulu after his death.

Mngomezulu died in a hospital in Vosloorus in the early hours of Tuesday. He had spent a few weeks following court proceedings from home as he was unwell.

When proceeding got under way, judge Ratha Mokgoatlheng asked Sibiya if he had been informed about his lawyer's death.

Sibiya said he had heard on Tuesday.

“We can't continue until you decide what should happen to your defence. You have a choice which you must exercise. I won't influence you, I can't tell you what to do, but you have a right to defend yourself or to appoint another defence counsel,” Mokgoatlheng said.

Sibiya confirmed he is being assisted by his uncle with his legal fees.

“I don't know, but my uncle was already complaining the financial support was heavy on him,” Sibiya said.

Mokgoatlheng advised Sibiya to get in touch with his uncle and discuss the issue and get back to the court with a decision.

“Defence told us in chambers the Legal Aid board is prepared to finance you if you launch an application before Friday because they are closing on Friday, and in the meantime they can process your application if you so decide.”

Legal analyst Nthabiseng Dubazana of Dubazana Attorneys said how Mngomezulu's death affects the trial will depend on what Sibiya wants.

“If the accused wants to proceed on his own then not much, but should he want legal representation it will affect it significantly,” she said.

Dubazana said if Sibiya wants a new attorney, that attorney has to make an application for transcripts or the record from the beginning of the case.

“The court has to repeat the accused's section 35 rights, which are that he has a right to conduct his own defence or get an attorney from the state or get an attorney he will pay for. What he chooses will determine the next step.

“The transcript or the record is likely to be available next year in February or March. The new attorney will have to peruse the record and consult the client which may take up to another month,” she said.

The court must ensure Sibiya’s right to a fair trial is upheld, she said.

“He is entitled to legal representation. The process is the same for all cases. A new attorney has to have his transcript and given an opportunity to understand the case.”

For the new defence lawyer that might have to step into the case, the biggest hurdle is not having been there from the inception of the case, “worse still if the accused changes his version of events.

“Further to that, the court being impatient with his preparation.”

The matter has been adjourned for a legal aid representative to come to court to explain legal aid processes.

The main trial will resume on January 20.

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