The High Court in Pretoria, South Africa has ruled that a recorded confession made by one of Senzo Meyiwa’s alleged killers will be taken into account, despite protestations from the defence that the audio is inadmissible as it was obtained under duress by Magistrate Vivienne Cronje in 2020.
In June 2020, Cronje was appointed to take down confession statements from accused one and two – Muzi Sibiya and Bongani Ntanzi.
In his confession, Accused Number 2, Bongani Ntanzi, is believed to have detailed the alleged conspiracy to the murder, the parties involved in the commission of the crime as well as the mastermind behind the crime.
Attorney Sipho Ramosepele, who represents Sibiya and Ntanzi, had argued that he did not sign their statements before Magistrate Cronje.
Cronje, who reportedly “secretly” recorded the confessions, said that Ntanzi had, in fact, signed his statement before her.
“After he indicated that he was satisfied, I then requested that he sign each and every page, in my presence, in the presence of the interpreter, as well as in the presence of his legal representative, Mr Mjiako.”
Judge Ratha Mokgoatlheng ruled in favour of the state on the use of the recording, stating that Cronje was not at the Boksburg Magistrate’s Court in her personal capacity when she took down the confession statement and made the recording.
“Because the cross-examination that will be conducted by the defence will incorporate information from that recording. If I don’t listen to that recording, how am I going to choose what is admissible and not,” says Mokgoatlheng.
The defence had claimed to have been blindsided by the state, which had not notified them that it would be using the confessions when court resumed on Wednesday morning.
“Firstly, we were told it was for official use; secondly, we were told that the state had not intended not to use it.
“In this case, it was apparent that the evidence of the magistrate had to be tested. Prior to the testing then comes evidence that requires an expert,” said Advocate Thulani Mngomezulu, who also represents the two men.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are standing trial for premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a license and possession of ammunition.
They have all pleaded not guilty to all the charges brought against them.
