The prosecution in the Senzo Meyiwa murder trial has made a U-turn on the use of the recording of the confession by accused 2, Bongani Ntanzi, in which he 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.
Proceedings came to a standstill this morning when the defence objected to the use of the recording, accusing the state of ambush. This is after the state yesterday merely mentioned the existence of the recording during Magistrate Vivian Cronje’s evidence-in-chief, telling the court that they had no intention of using it. This since, as stated by the prosecution, it was not done for official purposes and the parties who had been recorded had not been informed beforehand that they would be recorded.
The court adjourned early yesterday, to allow the defence an opportunity to listen to the June 24, 2020, “unofficial” recording of Ntanzi’s confession.
However, as proceedings resumed this morning, the state submitted they were now intending to have the recording included as part of the evidential material in court.
Court in session.
The State says having listened to the recording they’ve picked up that some of the things included in the recording do not appear in the written statement which they deem important to have been included.#SABCNews #SenzoMeyiwatrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 18, 2023
The defence didn’t take kindly to that.
“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 an evidence that requires an expert,” says Advocate Thulani Mngomezulu for accused 1 Muzi Sibiya and Ntanzi, urging the court not to allow the state’s submission as it as not in line with the “principles of justice and fairness” and the right to a fair trial.
Mngomezulu has argued that since the state had mentioned that they would not use the recording they had opted not to listen to the recording, while Advocate Zandile Mshololo told the court she had listened to the recording alone without her client, accused 5 Fiskokuhle Ntuli and had not taken instructions from him.
“In view of the fact that the state was not going to use it, I opted I was not going to listen to it. This morning, as the state approached us, they had the time to research the law. The defense was not given time. I would request the court to suspend the submission made by the state,” says Mngomezulu.
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.
He says the court too has to listen to 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.
But the defense would still not let go without a fight, arguing that the recording contained information that the court didn’t have to hear at this stage of the trial within a trial that exclusively deal with the admissibility of the statements and not the actual contents of the confession.
The state had previously told the court that some part of the statements (pro forma) had been redacted for that reason, but the judge says the court would have to listen to the recording without the redactions and would decide whether those portions are admissible or not.
The playing of the recording in court, the court says, will be limited to the pro forma evidence.
In a rare victory for the defence this morning, they successfully argued they would have to be afforded time to listen to the recording with their clients and take instructions from them.
Judge: This is raw evidence and the state is presenting it as is. We are not dealing with a (layperson) here. We are dealing with a magistrate. If all of you want to listen to the evidence of the pro forma evidence without me, you can tell me and I will step out.
Mshololo: That was my request that was dismissed.
The defense is currently consulting listening to the 1-hour-47-minute part of the 3-hour recording and consulting with their clients and proceedings will resume at 14h00.
Adv Mnisi has arrived in court to join the defense during the consultation and the proceedings will resume at 14h00.#SABCNews #SenzoMeyiwa #SenzoMeyiwatrial
— Sipho King K Kekana (@KingKAzania) October 18, 2023
Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Ntuli were arrested in 2020 and charged with Meyiwa’s murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition.
They have all pleaded not guilty to all the charges brought against them.
It is the state’s case that on the night of 26 October 2014, two intruders allegedly stormed into Kelly Khumalo’s mother Gladness’ house in Vosloorus where Meyiwa, Madlala, Gladness, Kelly, Zandi Khumalo, Longwe Twala, and Mthokozisi Thwala were sitting in the lounge watching TV.
The alleged first intruder, who was short, had a hat on, had dreadlocks, and armed with a gun, is said to have demanded cellphones and money. This was moments before he was pushed over by Longwe Twala as he (Longwe) ran out of the house just before a commotion ensued in the house in the presence of the second alleged intruder before a shot that killed Meyiwa went off.
Ntanzi has previously been pointed out by previous witnesses who were in the house when Meyiwa was shot and killed as one of the two intruders who had entered the house wearing a hoodie. According to Tumelo Madlala, he was the alleged intruder who had been pressed against the kitchen door by the former Bafana Bafana at the time the shot went off during a scuffle between the people who were in the house and the alleged two intruders.
Senzo Meyiwa Murder Trial | 18 October 2023
