During cross-examination, Advocate Thulani Mngomezulu for accused 1 and 2, Muzi Sibiya and Ntanzi, respectively, put it to Magistrate Vivian Cronje that his client did not know who the man who introduced himself as Dominic Mjiyako was.
“It’s my instruction that he was not represented on that day and that he does not know who Mr Mjiyako is,” said Mngomezulu, to which Cronje said was a lie.
Cronje previously told the court when she took down the confession statement from Ntanzi, she had been in the room with the deponent, the interpreter as well as the man whose identity has now become a point of contention in court.
Mngomezulu has argued that since the appointment certificate of the so-called lawyer was not attached, the court could not take her word for it and remained hearsay.
Mngomezulu: Unless Mjiyako is called what he told you cannot be accepted to court as its hearsay?
Cronje: Yes.
Mngomezulu: And that evidence cannot be corroborated by the copies that should have been made?
Cronje: Yes, there’s no copy made which is attached to this confession.
Mngomezulu: So, this honourable court cannot accept the evidence of your conversation between you and Mjiyako.
Cronje: That was said by the person who was going to give the confession that he was his lawyer and other than the deponent and it was also confirmed by the person that indeed he was there to represent the deponent. I was also given a document which confirmed that he was a lawyer. If you are alleging that this person was not a lawyer and that he misled me, then it is incumbent on the state to call that person. The interpreter was also present and he was a witness to what happened.
Mngomezulu: My question stands, what you discussed with Dominic, cannot be confirmed?
Cronje: I have already answered that question.
Ntanzi was arrested on the 16th of June 2022 in connection with the 2014 murder of former Orlando Pirates goalkeeper, Senzo Meyiwa. Eight days following his arrest, he appeared before Cronje at the Boksburg Magistrate’s Court where he made a confession that the defence is arguing was not tendered freely and voluntarily.
Earlier on Friday, Judge Ratha Mokgoatlheng presiding over the matter ruled a recording Cronje made on the day as inadmissible since the accused had not been informed beforehand that he was going to be recorded.
Cronje told the court the recording was not done for official purposes but for her own personal use.
She insists Ntanzi gave the confession freely and voluntarily.
Cronje says while that specific question is not there, as stated by Mngomezulu, there is a “very good question, which in a nutshell answers that question,” …#SABCNews #SenzoMeyiwaTrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 20, 2023
Cronje: …which asks the person giving the confession if you were ever threatened or persuaded, and if anything had been done to influence them and that if so, she would make sure it is recorded. #SABCNews #SenzoMeyiwaTrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 20, 2023
She is currently being cross-examined on the written confession statement she took down on that day.
Cronje: I satisfied myself that the statement was made free and voluntarily.#SABCNews #SenzoMeyiwaTrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 20, 2023
The trial continues.
