South Africa: Senzo-Accused Got to See Confidential Documents

8 November 2023

The Senzo Meyiwa murder trial has taken a dramatic turn with emotions running high, not only between the prosecution and defence but also involving the presiding judge, Judge Ratha Mokgoatlheng.

The tension in the courtroom grew when a serious procedural issue emerged over the handling of sensitive information.

State witness Sergeant Vusumuzi Mogane said he was concerned that the accused had been able to view a document containing confidential details of other investigations potentially linked to them.

This breach prompted fears for the safety of witnesses mentioned in those cases, as Mogane pointed out that these other cases involved violent crimes like shootings, kidnappings, and threats.

Judge Mokgoatlheng's fierce reaction highlighted the seriousness of the situation, especially given the possible consequences of the accused having access to witness information.

His order to have the defence return the copies of the document aimed to prevent further contamination of evidence.

The confrontation between Judge Mokgoatlheng and Advocate Zandile Mshololo arose following a disagreement over the custody of the document.

The judge's decision to allow the document to form part of the proceedings providing that it is available for review by higher courts if necessary, attempted to balance these considerations.

Earlier, the court had ordered Sergeant Mogane to disclose the details of the other cases he had been investigating, which had previously been kept confidential.

The judge's instruction to share this information in a controlled manner was given to limit its exposure and protect ongoing investigations.

The trial continues.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.