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The Gauteng High Court in Pretoria ruled on Thursday that media outlets can attend and broadcast the voice of Zandie Khumalo, who was only named as witness number one in the ongoing Senzo Meyiwa murder prosecution.
Moments thereafter, Zandie, singer Kelly Khumalo’s sister, entered the witness stand and began testifying.
As with prior witnesses, the court has ruled that visual images of the witness should not be broadcast.
“The court finds that where a broadcast of visual images of her testimony may bring unintended, adverse consequences to bear upon her, there is no evidence proving that an audio broadcast of her evidence may do the same,” Judge Tshifhiwa Maumela ruled in court.
“Taking all prevailing circumstances into consideration, the court finds that witness number one did not advance sufficient reasons to justify an order restricting both visual and audio broadcast of her evidence,” Maumela said.
“At the same time, there is no reason to subject witness number one to an atmosphere during the course of her testimony, which compares worse to that which prevailed when the last two witnesses three and four for the State gave evidence.”
The previous two witnesses are Meyiwa’s friends Tumelo Madlala and Mthokozisi Twala.
“In the result, the court makes the following order: live broadcast of the image of the witness, that is witness number one, will not be permitted,” the judge ruled.
“Members of the electronic media are permitted to live broadcast the testimony of witness number one by means of an audio. The prohibition of images of witness number one while she testifies shall remain in place until the finalization of this case.”
Previously, on behalf of the witness, State prosecutor advocate George Baloyi cited safety and comfort issues raised by the witness, should proceedings be held live.
On Wednesday, Baloyi said a live broadcast of proceedings had its own disadvantages and it could not be used as a remedy to open justice.
Baloyi rejected claims that the witness was part of the Netflix documentary on the murder of Meyiwa. However, he admitted that she did an interview with eNCA.
Five men are charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition. They are Bongani Sandiso Ntanzi, Muzikawukhulelwa Sibiya, Mthobisi Mncube, Mthokoziseni Maphisa, and Sifokuhle Ntuli.
They’ve all plead not guilty.
Meyiwa was slain in Vosloorus on October 26, 2014, while with his girlfriend and his child’s mother, Kelly Khumalo.
Meyiwa, Kelly, and Zandile were in the house that day, along with their mother Ntombi Khumalo (MaKhumalo), Longwe Twala, Meyiwa’s friends Mthokozisi Thwala and Tumelo Madlala, Kelly’s then four-year-old son, Christian, and Thingo, her daughter with Meyiwa.
