Thread by @TshegoMoagi_

Judge Tshifhiwa Maumela has arrived. Court resumes. #SenzoMeyiwatrial #SenzoMeyiwa

The judge starts with the issue of media in court.
Maumela: This case is being run in open court. There are guidelines that should be followed. #SenzoMeyiwaTrial

Maumela: the Public has a constitutional right to know what is happening. Legal representative of accused 1-4 have an issue of the attendance in court of Netflix. #SenzoMeyiwatrial

#SenzoMeyiwatrial Advocate Winks says he is representing 10/10 films which has an agreement with Netflix to produce content. Netflix is not legally represented in court. Winks says the company (10/10 films) has been given permission to film.

Judge: there have been complaints that when counsel speaks to their clients they are being followed by cameras. This cannot be allowed.

Winks: an application should be brought on motion and providing evidence as to why the constitutional rights of my client have to be limited.

Judge Maumela: The concern is you represent an entity which is not a media house. Which is here as a business concern to gather material that will be used
When permission was granted it not include business ventures or businesses. #SenzoMeyiwatrial

Judge Maumela: The other concern is that a documentary was flighted which implied some people were either guilty or innocent before the trial started. #SenzoMeyiwa

Winks: all media here are business ventures, they derive revenue. There’s no NPO here. Documentary makers are members of the media.

Winks: We don’t know what we have been accused of and my client has not done anything illegal. If the client has breached any guidelines, we will hear that. #SenzoMeyiwaTrial

Winks: Yes, there was a 5 episode documentary broadcast before the trial commenced. There’s nothing unusual about this.

Judge: Will you be flighting something similar to the documentary even before the verdict is delivered?

Winks: There’s nothing in the law that says it cannot be done, unless there’s an administration of justice which has been obstructed.

Judge: the concern has also been the approach used by your client tends to intimidate potential witnesses and accessing them before they testify and having them entertain issues which form part of their testimonies. #SenzoMeyiwaTrial

Winks: my clients have not done anything improper. Everything in the documentary is also in the public domain. The right to freedom of expression is not limited to people carrying a certain identity card. #SenzoMeyiwaTrial #SenzoMeyiwa

Advocate Malesela Teffo: Winks is misleading this court. I’ve made it clear that there’s a difference between a media house and a production house. They (10/10 films) are here not for the public but for the profit of their company. #SenzoMeyiwaTrial

Teffo: The media houses here are mainstream and we would know where to go to report if one of them have done something wrong. We go to the BCCSA. We don’t go to the police station. This would be ridiculous. #SenzoMeyiwaTrial

Teffo: witnesses have complained that they have been exposed to harassment and intimidation. We are not saying Ten10 films intimidated our witnesses but they are exposing our witnesses to intimidation. #SenzoMeyiwatrial

Teffo: Ten10 films came through the back door, they took advantage of the media applications. They say they are wanting to inform the public, which public? Unless you have money to afford Netflix. This is for the middle class, not for everyone. #SenzoMeyiwatrial

Teffo: during my appearance in court on Friday they (Ten10 films) were there. I asked them why they’re there. They say it’s about the #SenzoMeyiwatrial and my arrest has nothing to do with that. It seems they are following me.

Teffo: It’s not about informing the public. The information for the public are from the mainstream media houses.

Teffo: we are available to engage them in the court of law, but it should be another court. Not this one. Here we are dealing with criminal procedures. We will attend to that. We aren’t afraid of them. But today they must leave. #SenzoMeyiwatrial

State prosecutor George Baloyi: Ten10 flighted a documentary before the trial started. There were interviews with witnesses. Viewers were invited to comment on who they think killed Mr Meyiwa. They have concluded their documentary.
Why are they still in court? #SenzoMeyiwatrial

Baloyi: The filming now is for news channels to inform the public. The submission has been made that they (Ten10 films) are not a news channel.

Baloyi: they should be barred from further proceedings in court and flighting any more documentaries. #SenzoMeyiwatrial

Winks: what is being sought is to punish my client from what they say my client has done.
There is no intention to flight another documentary before the trial ends. But there’s nothing legal stopping the client from doing so. #SenzoMeyiwatrial

Winks: We’ve heard for the first time today that we have committed a criminal offence and we should be kicked out as a dog. #SenzoMeyiwatrial

Judge Maumela says he needs 10 minutes to go through the submissions. But it is now lunch time. #SenzoMeyiwatrial