Senzo Meyiwa Trial | Image 46 stalls proceedings as courtroom battle rages on

The courtroom battle over one disputed photograph has once again stalled proceedings in the long-running Senzo Meyiwa murder trial.

The Pretoria High Court has adjourned proceedings until next Thursday, 15 October, to allow SAPS cellphone data analyst, Sergeant Moses Mabasa, to testify, as Judge Ratha Mokgwatlheng attempts to untangle the latest standoff between the State and defence.

At the centre of the dispute is image number 46, a photograph allegedly showing accused number three, Mthobisi Mncube, alongside his late friend, Mabungu Ntuli, and accused number four, Mthokozisi Mapisa.

The State wants to use the image to cross-examine Mncube, insisting it was taken on the morning of the day that Bafana Bafana captain, Senzo Meyiwa, was killed in October 2014.

Although he conceded that accused number one, Muzi Sibiya, took the image with his cellphone, Mncube disputes the State’s version and his defence team is fighting to prevent the photograph and its disputed metadata from becoming central to his cross-examination.

Defence Advocate, Charles Mnisi, says although his team acknowledges receiving the image, it remains unclear how it came to be admitted as an exhibit in the trial.

He has accused the prosecution of overstepping its mandate, while also suggesting that the court itself has been reluctant to interrogate how the image came to be before it.

The dispute has become so entrenched that defence has accused the court of “getting away with murder”, as proceedings repeatedly stall over the evidence.

Defence Advocate, Zithulele Nxumalo. says Sergeant Mabasa, one of the witnesses who was previously shown image 46, was never taken through its metadata, despite the State’s insistence that other witnesses had already dealt with the same information.

However, prosecutor Advocate, Dr Ronnie Sibanda, maintains there is nothing new about the metadata, using what he says is image nine as an example.

“This photo, as it is, makes no reference to 26 October 2014. It does not even give the time. And then the defence themselves went deeper, they went to the working copy and they got the dates which is correct from the working copy of the 26th of October. They went further, my lord, to say that photo was taken at 11:52, which is precisely what is contained in the working copy. So when advocates Nxumalo and Mnisi made those assertions, where did they get the working copy?,” probed Dr. Sibanda.

He also pointed to proceedings involving Vodacom forensic liaison supervisor, Pinky Vythilingum, and key State witness, Constable Sizwe Zungu, saying both were cross-examined by the defence on the same metadata on 1 October 2023.

That claim did little to calm the waters.

Mnisi demanded that the State identify precisely where in the court record those witnesses were taken through the disputed metadata.

The State, meanwhile, says its case follows a carefully structured sequence and that it cannot simply jump over the evidence it now needs to put to Mncube.

The defence wanted the prosecution to continue cross-examining Mncube on other issues that do not involve cellphone metadata.

The State rejected that proposal.

Prosecutor George Baloyi managed to reach Sergeant Mabasa by phone, only to discover that the cellphone data analyst is currently on leave and will only be available to assist the court next week.

That effectively forced the judge’s hand.

Judge Mokgwatlheng says he wants to resolve the impasse before proceedings continue, while also pushing back against suggestions that he is taking sides.

The delays have, however, frustrated the defence.

Advocate Sipho Ramosepele lamented the repeated interruptions to an already protracted trial, saying the postponements are also affecting him financially because he is not compensated whenever proceedings are cut short.

The courtroom drama now hinges on whether Sergeant Mabasa can help untangle the disputed metadata and establish how image 46 should be treated.

The State says the photograph was taken on the morning Meyiwa was killed and that it was taken by accused number one, Muzi Sibiya.

Mncube rejects the claim that the photograph was taken on 26 October 2014

After another day of legal wrangling, the five men accused of murdering Meyiwa will now have to wait until next Thursday before the court attempts to move the matter forward.

Written by: Odirile Rabalao