Inmates sit on the window of their cell in the Kgosi Mampuru II Prison. (MUJAHID SAFODIEN/AFP via Getty Images)
Mthobisi Ncube, the third accused in the Senzo Meyiwa murder trial, will return to the “torture” prison of Kgosi Mampuru after unsuccessfully trying to be moved following allegations that he was being assaulted.
Ncube, speaking through his lawyer, advocate Dan Teffo, claimed he had been assaulted by prison guards on 12 April at the Pretoria high court holding cells after that day’s court proceedings had ended.
Teffo dramatically contended that it was possible for the trial to end when Ncube “is six feet under” after what the lawyer called the “torture” accused number three was being subjected to.
Ncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Ziphozonke and Fisokuhle Ntuli Maphisa are charged with murder, attempted murder, armed robbery, possession of firearms without a licence and the possession of ammunition.
This is related to the October 2014 killing of footballer Meyiwa at the Vosloorus, Gauteng home of his lover, singer Kelly Khumalo.
Last Friday Teffo made the abuse claims in front of Judge Tshifhiwa Maumela, and added that the alleged 12 April assault was the second such abusive incident his client had suffered at the hands of guards, the first being an alleged assault at Kgosi Mampuru.
Maumela directed advocate George Baloyi, the prosecutor, to correspond with prison officials at Kgosi Mampuru and ascertain whether Ncube had been assaulted, saying the courts “frowned upon” any torture of inmates.
“I said … last week that undergoing a trial is difficult enough. If that is combined witb torture, it makes it unfair,” Maumela said on Monday, adding that he wanted reassurance that all five accused would not be injured while in custody.
On Monday, Baloyi said he had liaised with Kgosi Mampuru officials, who wrote a letter of reply to the prosecutor to say that Ncube was medically examined at the prison on 13 April and that “no visible physical injuries” were found.
Baloyi added that the officials had stated that Ncube’s incarceration at the maximum security facility was “in line with the Correctional Services Act”.
Baloyi said Ncube was advised by the prison officials to open a criminal case for the alleged assault, which Baloyi said had been done.
“I have a copy of the case docket,” the prosecutor told the court.
Maumela ruled that Ncube should remain at Kgosi Mampuru and that, should Teffo not be satisfied with where his client is kept, he should institute legal actions against the correctional services department.
The legal melee over Ncube’s alleged torture followed testimony from Springs police station’s sergeant Thabo Mosia, first state witness, on how he collected evidence from the crime scene on the night of Meyiwa’s murder.
More than 100 pictures and sketches compiled by Mosia were presented to the court as evidence, including photos of the bullet fragment that was found on the kitchen countertop behind two glass jugs.
Mosia also told the court that he had collected and sealed DNA evidence found inside the Khumalo home for analysis by the forensic science laboratory in Tshwane, Gauteng.
Mosia was still on the stand at the end of Monday, and is expected to be cross-examined on Tuesday.
All the accused will be back in court on Tuesday morning, and are remanded in custody.