Judge Dismisses Mthokoziseni Maphisa’s Application for Charges to Be Dropped in Senzo Meyiwa Trial

• Mthokoziseni Maphisa appeared in court on 2 September 2025 to find out if the charges against him would be dropped
• The State alleged that Maphisa was one of the lookouts when Senzo Meyiwa was killed at Kelly Khumalo's home
• His lawyer, Advocate Zithulele Nxumalo, said that the State was clutching at straws with its evidence against Maphisa
• Noma-Gcina Mtshontshi, the Director of Mtshontshi Attorneys Inc, explained to Briefly News what a Section 174 is

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

GAUTENG - Mthokoziseni Maphisa will continue to stand trial for the murder of Senzo Meyiwa.

Maphisa, who is accused number four in the trial into the murder of the former Bafana Bafana captain, was the only one who brought forward an application to have the charges dropped.

Read also

Parliament's ad hoc committee to hear testimony from Bheki Cele in corruption inquiry

His lawyer, Advocate Zithulele Nxumalo, argued that the State failed to prove its case against him.

Maphisa’s application dismissed by the judge

During his verdict on 2 September 2025, Judge Ratha Mokgoatlheng stated that there was prima facie evidence that needed to be answered.

Judge Mokgoatlheng stated that the evidence presented by Constable Sizwe Zungu was not unreliable as the defence alleged.

“So I beg to differ, Advocate Nxumalo, that the evidence is unreliable, contradictory, hopeless, and that nobody can make head or tail of that evidence,” he said.

You can watch the verdict below.

Maphisa will now continue to appear alongside the other four men charged in connection with the murder. The State maintains that Maphisa was one of the men involved.

What did the State allege?

The State has alleged that Maphisa was one of the lookouts who were outside the Vosloorus home of Kelly Khumalo when the soccer star was fatally shot.

Read also

Maponya Mall shooting victim's body transported to KZN, e-hailing drivers pay tribute to colleague

The State also argued that Constable Zungu implicated Maphisa. Zungu, who was a key witness, claimed to have seen Maphisa along with his co-accused at the Basotho hostel before and after Meyiwa was killed.

Maphisa’s lawyer claims there are discrepancies in the State’s case

While presenting evidence as to why charges should be dismissed against his client, Advocate Nxumalo stated that there were discrepancies in the State’s case.

He claimed that Zungu’s evidence had inconsistencies, saying that the State was clutching at straws.

What is a Section 174 application?

Speaking to Briefly News about the application, Noma-Gcina Mtshontshi, the Director of Mtshontshi Attorneys Inc, explained what a Section 174 is.

The section states ‘If, at the close of the case for the prosecution, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty’, she explained."

Read also

Fans remember DJ Maphorisa and Samthing Soweto fallout with clips from Porry's rant

She added that for it to be successful, the presiding officer needed to weigh whether the prosecution had produced sufficient evidence on which a reasonable court might convict.

“If there is no evidence linking the accused to the offence, the court may acquit at this stage without the accused needing to present any evidence. This is in line with the constitutional provisions that an accused has the right to remain silent, which aligns with the right against self-incrimination. That is, the state cannot rely on self-incriminating evidence to be present by the accused,” she added.

Mtshontshi further added that if the court refused or dismissed the application, the trial must continue, and the defence must present evidence.

The accused could still choose to remain silent and close their case, but they then ran the risk of being convicted as the prosecution’s evidence would remain unchallenged. “However, a dismissal of the application does not mean the accused is guilty, only that the State made out a prima facie case that the accused must answer to, she concluded.

Read also

Vusimuzi Matlala fears life-threatening germs in jail as South Africans say, "There are doctors'"

What you need to know about the Senzo Meyiwa trial

• One of the men accused of killing former Orlando Pirates star Meyiwa admitted that he was in contact with Kelly Khumalo.
• A defence lawyer said that two of the accused's confessions of murder were made under duress.
• Kelly Khumalo was linked with the murder of Meyiwa once more, leaving many to ask why she wasn't arrested.
• Tensions were rising between Judge Mokgoatlheng and Advocate Mnisi during proceedings in the murder trial.
• The matter was hit by a further postponement as a defence lawyer wasn't ready to proceed after a two-month delay.
• Confusion reigned in court after defence lawyer Charles Mnisi asked for leave of absence as he was running the Comrades Marathon.
• Proceedings in the trial were delayed following a debate in the courtroom over gold teeth and selfies.

Read also

Shadrack Sibiya continues in bid to be reinstated, South Africans not impressed

Defence to argue for charges to be dropped

Briefly News reported that on 7 August 2025, the defence planned to argue for charges to be dropped in the case.

The defence was considering the decision after the State officially wrapped up its case on the murder.

South Africans were not satisfied with the decision, as some believed that others were involved as well.

Source: Briefly News