By: Natasha Archary
A new judge has been appointed to preside over the Senzo Meyiwa murder trial, after President Cyril Ramaphosa suspended Judge Tshifhiwa Maumela last week.
This after the Judicial Service Commission (JSC) motioned for Maumela’s suspension for failing to deliver judgements within a reasonable time.
Maumela’s replacement is Judge Ratha Mokgoatlheng who has presided over a number of high-profile cases.
The murder trial of slain footballer, Senzo Meyiwa was postponed to 17 July, owing to Judge Maumela’s ill health.
With a new judge appointed, witnesses who have testified already, may need to return to the witness stand and testify all over again.
Legal expert Elton Hart said with a new judge appointed, the Meyiwa murder trial would have to start de novo, which means to start over.
Speaking to eNCA, Hart said there is a possibility Judge Mokgoatlheng will simply ask to see Judge Maumela’s notes from the witnesses testimonies, but this could be cause for contention from the 5 men of killing the football player.
“It’s important for the judge to observe the demeanor of witnesses in order to make a credibility finding.
So, there is a possibility that the new judge will use the notes from Maumela and work with that, but the accused can then argue that the new judge didn’t observe witnesses’ body language which might be prejudicial to the 5 co-accused.
This could mean the trial starts de novo, which only happens on rare occasions in court when there are very obvious irregularities with the trial.”
Legal expert Elton Hart says the Meyiwa trial may start over
Judge Mokgoatlheng, ironically used to be a footballer, and used to play for Orlando Pirates, the same club Meyiwa played for at the time of his death.
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