Emotions ran high in Pretoria High Court yesterday as witness Zandile Kumalo continued her testimony in the murder trial of soccer star Senzo Miyiwa.
During cross-examination, defense counsel Zethulele Nxumalo indicated that there were inconsistencies between Kumalo’s previous statements and her testimony in court. The singer told the court that she was not happy with Nxumalo’s tone towards her.
Nxumalo also said he wasn’t impressed with the way she was answering questions.
“Madam, may I ask you to stop giving lengthy answers to this Court and to abide by what is being asked of you. I asked you a simple question: Is the said person [suspect] “Among those arrested, yes or no,” Nxumalo told Kumalo.
“May I say something please? Sir, please watch your tone when you talk to me. I am not your wife. I am someone else’s wife. Watch your tone and never raise it when you talk to me,” Kumalo shot back before Judge Ratha Mokguatlheng intervened.
“Let’s be respectful of this court, please. That’s not the courtesy of this court.” Mokgwathling said before Nxumalo could respond.
However, Niksumalo told the court that he now felt intimidated by the witness, while Kumalo said she was intimidated by the lawyer. After a brief period between the two, the questioning continued.
Nxumalo later read a statement previously made by Kumalo’s sister, Kelly Kumalo. Kumalo then asked questions based on her sister’s statement, which she refused to answer.
“I am not in a position to respond because Kelly is still alive. If there are things that I cannot answer, you have the right to call her so she can answer herself,” Kumalo said.
As Nxumalo continued to read more passages from Kelly’s statement, the state revealed that it had not intended to call her to testify at the trial. Then the defense said it would file a motion to summon her to court.
The court was then adjourned for lunch, and when the trial resumed, Kumalo was questioned by another defense attorney, Zandile Mchololo, about a second file that had been opened.
“Do you know about this message or the existence of the second agenda?” Mchololo asked Kumalo, who responded by saying no.
After the state objected by saying the information was not relevant, Mchululu continued to state why the agenda was open.
“This file has been opened due to evidence showing that you, as well as those who were in the house, are suspects in this case. The decision has not been finalized and will depend on the outcome of this trial.
The trial will resume on Tuesday at 10 am.