Judge rules Maphisa has a case to answer to in Meyiwa trial

September 2, 2025 66

The Pretoria High Court has dismissed the Section 174 application brought by accused number four, Mthokoziseni Maphisa, in the ongoing Senzo Meyiwa murder trial – to have charges against him withdrawn.

Maphisa brought the application last month, with his lawyer, Zithulele Nxumalo arguing that state witness Constable Sizwe Zungu’s testimony was contradictory and lacked credibility.

However Presiding Judge, Ratha Mokgoatlheng, said he could not grant Maphisa an acquittal because there has a case to answer to.

Mokgoatlheng said Constable Zungu’s testimony is corroborated and therefore admissible, differing with Maphisa’s argument.

“This was just what we call the purview to see whether there is evidence. At the most, I find that there is prima facie evidence which needs answers,” said Judge Mokgoatlheng.

“Consequently, I cannot discharge accused number four. There is evidence.”

The judge said Constable Zungu’s testimony was corroborated and therefore admissible, rejecting the defence’s claim that it was unreliable.

He also noted that Maphisa’s application narrowly focused on Zungu’s evidence and failed to address other significant elements, including ballistic evidence, cellphone records, and statements from co-accused.

“The court is enjoined to examine and evaluate this evidence to see whether, Zungu, as a single witness is found to be materially sound and satisfactory in all respect,” said Judge Mokgoatlheng.

Judge Mokgoatlheng found Zungu’s testimony credible, particularly his account of being in the company of all five accused on the night Meyiwa was killed.

“He said he was invited by a gentleman called Gwabeni to come to a celebration at Basotho Hostel. He duly arrived on that particular day on the 26th of October 2014. What is critical and material with the evidence as it will later show is that Zungu said when he got there he met accused number 1, 2, 3, 4, and 5. He saw them, engaged them, spoke to them, and even went to buy alcohol with them,” said Judge Mokgoatlheng.

The National Prosecuting Authority (NPA) welcomed the dismissal of the application.

Gauteng NPA spokesperson, Lumka Mahanjana, says the ruling is a positive for the case.