The Pretoria High Court has ruled that Mthobisi Mncube, one of the accused in the Senzo Meyiwa murder trial, should be removed from solitary confinement. The court’s decision, made on November 11, 2024, mandates that Mncube be transferred from the C-Max section of the Kgosi Mampuru Correctional Centre to his centre of origin or another maximum-security facility.
Mncube, who has been in solitary confinement since December 4, 2020, brought the urgent application to the Pretoria High Court, alongside his co-accused Fisokuhle Ntuli, seeking an end to their solitary confinement. The two men argued that their prolonged isolation in small, restrictive cells was causing severe psychological and emotional distress.
In his application, Mncube explained the dire conditions he has endured in the C-Max prison section. Confined alone in a 2m by 2.5m cell for over 22 hours a day, he has limited human interaction—just 10-minute telephone calls with family twice a month—and cold showers in a cage for no more than two minutes.
This solitary confinement, Mncube argued, had led to severe mental and physical distress. He described suffering from insomnia, irritability, hopelessness, and stress, noting that he had never experienced these symptoms before his confinement. In his affidavit, Mncube stated:
“Being detained in prolonged and indefinite solitary confinement amounts to torture or cruel, inhumane and degrading punishment. I am unable to concentrate and severely stressed. I have feelings of fear and hopelessness, and at times I am unable to distinguish day from night.”
Mncube also mentioned experiencing mental breakdowns, the most recent being on October 7, 2024, and noted that the psychological toll had made his situation “unbearable.”
In delivering his judgment, Judge Jan Swanepoel confirmed that Mncube had been held in solitary confinement for nearly four years, and that the Department of Correctional Services had justified the solitary confinement due to his “high-risk profile.” However, Swanepoel ruled that there was no evidence to justify continuing Mncube’s confinement under these harsh conditions, which amounted to torture under human rights standards.
Judge Swanepoel added that prisoners could only be kept in solitary confinement for 12 to 18 months to allow for gradual integration with other inmates, and anything beyond that period would be considered unlawful. As a result, the court ruled that Mncube must be moved to a less isolating environment.
Meanwhile, Fisokuhle Ntuli’s application was struck off the roll due to a lack of urgency in his request.
Mncube is one of the accused in the Senzo Meyiwa murder trial, where he and four others are facing charges of premeditated murder, attempted murder, robbery with aggravating circumstances, and possession of unlicensed firearms and ammunition. The accused have all pleaded not guilty.
Mncube, along with Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa, and Fisokuhle Ntuli, are implicated in the murder of Senzo Meyiwa, a former Bafana Bafana goalkeeper, who was shot and killed in October 2014. The state has alleged that Mncube is the dreadlocked intruder who shot Meyiwa during a robbery at his girlfriend’s home in Vosloorus.
Key testimony at the trial has included that of SAPS ballistic expert Colonel Chris Mangena, who confirmed that a bullet found at the Meyiwa murder scene matched a gun recovered from Mncube’s room in February 2015.
The trial is ongoing, and further evidence will be presented as the court proceedings continue.
