The Senzo Meyiwa case, which has dragged for over 14 years since his 2012 death, exemplifies how procedural failures—including delayed police investigations, judicial recusal requiring a new judge to restart proceedings, and courtroom misconduct—can cause significant delays in the justice system, demonstrating the principle that 'justice delayed is justice denied.'
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Senzo Meyiwa family calls for faster justice process, to march to Union Buildings on TuesdayAdded:
The family of Bafana Bafana captain Senzo Meyiwa will be leading a march tomorrow to the Union Buildings. They're calling for the justice system to speed up his trial. The family is calling for attendance to be clad in Bafana Bafana regalia. Let's get you an idea of what else we know about tomorrow's match with SABC news reporter Calvin Georgia live to us now from the Union Buildings in the country's capital. And Calvin, it's been more than a decade now since this family has been waiting for justice, I suppose. They're using whatever they can to ensure that the story remains at the very least in the consciousness of South Africans.
Good morning to you, Ayanda, and to our SABC viewers at home. 14 years, Ayanda, to be exact.
That is when Senzo Meyiwa died. I remember he died in 2012. He was shot when he was visiting his then girlfriend, the popular singer Kelly Khumalo. And there were people who were arrested in Thokoza and Ntswane and the trial is underway at the Pretoria High Court. But the family is not happy about what is happening. They want a just wheels of justice to move more quicker. But one would ask, Ayanda, as to where exactly is the problem? Why such a high-profile case would drag for this long? Let me introduce a law expert by the name of Mamelodi Sibeyi, who'll be able to explain to us. Mr. Sibeyi, thank you very much for your time. This issue has been going on for a very long time. Where do you think the problem is?
Let's just start with the recusal of the former judge.
Well, I mean the family has been failed at all levels. Firstly, we have got to go back. The police took time with the investigations. Took years before the matter was brought to trial.
The matter at the trial, in my view, was mismanaged by the previous, you know, um judge um Tshifhiwa Maumela, who allowed the kind of theatrics that are simply a gross violation of the decorum, the procedures, and the integrity of the court process.
Uh advocate Teffo theatrics and all of that. Now, the current judge is facing the recusal. Um and I think you know that the recusal of the previous judge, Tshifhiwa Maumela, you know, uh Maumela, you know, took also cost time, right?
Because the new judge comes in and the process, you know, more or less, I mean, start from fresh. We are now having the current judge, who just um ba- basically made mockery of that, you know, of that co- of that court of the case itself um with his remarks about, you know, the defense um lawyer, about the president um you know, that were unrelated about um racial charged remarks about the black lawyers. So, the family has every right to be frustrated. And this is a classical textbook case of you know, a case, I mean, of a justice delayed is a justice denied. From 2014, we are in what? 2026?
In May?
And it doesn't seem that justice uh is within sight.
You are saying to me that you believe that uh the state do have a strong case, but where is the problem?
Well, I mean, it is just the the conduct of the whole process. I mean, I mean, the the the the prosecution itself, right? Um the fact that it allowed some of the things to happen. Um you know, the the theatrics I've referred to, right? Because remember as a dominant party in this litigation, they are the one that brought the matter. Um when the defense also conducts itself in a manner that, for instance Teffo and and and others were just making mockery of that case.
They should have basically brought an action to bring that to an end to also make sure that the there's a discipline there's a decorum but also the case proceed smoothly as it ought to have.
The same thing applied to the presiding judges.
They are the people responsible for directing the proceedings to make sure that they are expedited to make sure that the matter is you know all these unnecessary delays that have now dragged for 12 years you know all of them averted as far as possible and that the matter is brought to you know a quick resolution if you like. I know there are accused who are were arrested including Mpisane Mchunu in dance but there are those who are saying that those who were inside that house in Forest Town including the popular singer should have been questioned.
Well I mean remember that that was actually made by the original you know prosecutor that they think this was you know a high heat right? Ever since that time like many people I mean I you know I'm a Pirates fan for that reason I've been following the matter right?
I've been waiting for evidence one the motivation for Kelly to see why does you know she kiss the father of a child from what I gather they have a child together.
What is the motivation? I'm not hearing that. The state has not brought any case.
And and I'm always very you know skeptical about particularly the treatment of women who live by their rules. I mean we know we are living in a patriarchal society and for hundreds of years of which trials were women that simply don't comply with societal rules and norms.
They are ostracized. So, I'm a little bit you know, skeptical.
Nonetheless, I'm open and I'm saying that the state, if there is a case to be answered, the state must bring that case and so far I haven't had any except the original [clears throat] prosecution saying this looked like a hard hit and they must be questioned and I think they were questioned from what I can see, but nothing came of those investigations.
Okay, thank you very much, Mr. Sibiya.
Pleasure. That was Mkhwebane Sibiya, a law expert. He teaches law at the University of South Africa. He's engaging with SABC News about case that has been dragging for years.
The matter of Senzo Meyiwa, the former Bafana Bafana and Orlando Pirates goalkeeper saying that the recusal of the judge was the one was also the part of the reason why this case has to drag him and what happened in court some of the issues that Mr. Sibiya is talking about. So, tomorrow as SABC News Ayanda will be here once again with the family, with the supporters of Orlando Pirates and the South Africans who will be marching here to the Union Buildings, the capital city of South Africa to hand over a memorandum of grievances so that maybe they want this case Ayanda to the wheels of justice rather to move more faster.
Back to you in studio, Ayanda. Right, Kelvin Dlodlo live to us there from the Union Buildings in Pretoria. Thanks very much indeed.
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