‘He appeared sober’: Accused in Senzo Meyiwa trial was ‘happy’ to make confession statement

The Gauteng High Court in Pretoria heard on Tuesday that one of the five men accused of killing former Bafana Bafana goalkeeper Senzo Meyiwa had not taken any intoxicating substances when he made a confession statement.

A new witness, Magistrate Vivian Cronje, testified in court on Tuesday as the trial-within-a-trial continued.

The trial-within-a-trial got underway last week to determine whether the alleged confession statements of accused one, Muzikawukhulelwa Sibiya, and accused two, Bongani Ntanzi could be accepted as evidence in the main trial.

The defence has objected to the admissibility of the statements because they were allegedly made under duress.

Accused’s lawyer was present

On Tuesday, Cronje testified specifically in relation to Ntanzi’s confession, which has an audio recording.

State prosecutor, George Baloyi confirmed at the beginning of the proceedings that the three-hour long recording would not be used in court.

Baloyi previously indicated Ntanzi, who was arrested on 16 June 2020, made one confession statement to a magistrate and another to a police officer.

ALSO READ: Senzo Meyiwa trial: Accused contradicts defence, claims no police torture

Cronje, in her evidence-in-chief, told the court she took Ntanzi’s confession statement on 24 June 2020 in an office at the Boksburg Magistrate’s Court.

The magistrate revealed the suspect arrived at the court accompanied by his lawyer, Ntokozo Mjiyako, Sergeant Vusumuzi Mogane and a group of Ekurhuleni Metro Police Department (EMPD) officers.

She pointed out only a Zulu interpreter, alongside herself, Ntanzi and Mjiyako, were present in the room when the confession statement was taken down.

Two officers stood outside the office.

Accused was ‘very relaxed and calm’

Cronje said Ntanzi’s lawyer produced his appointment certificate as well as his Fidelity Fund Certificate before she could proceed taking down the suspect’s statement.

“I started with the document where I described the person in front of me, his clothing and his conduct,” the witness said.

The magistrate said Ntanzi was “very relaxed”, “calm” and maintained eye contact when asked questions.

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“I informed the deponent that I am a magistrate and I am not in any way involved in the investigation against him. I told him that I do not work with the police and that he can speak freely and without fear in my presence.

“I also informed him that if necessary he will be afforded protection against any irregularities and that this is not a trial and I’m not hearing any charge against him,” she explained.

Cronje said she warned Ntanzi that he was under no obligation to make a confession or divulge any self-incriminating information as it could be used against him in court.

However, the accused insisted that he was “happy” to make a statement.

Watch the trial below:

Taking down Ntanzi’s responses, Cronje said the accused told her he was not under the influence of alcohol or drugs when he was making the statement.

She told the court that Ntanzi indicated he had no injuries to report except his heart condition and that he had not taken a bath for some days.

When asked to explain why he was brought before the magistrate to make a statement, Ntanzi allegedly said: “The police called me and asked me what I know about Senzo Meyiwa’s death. I was arrested on the 16th and I did not understand what was happening and why I was not appearing in court. I knew that if one is arrested they have to appear in court. I called my attorney and told him I want to come to court.”

Statement greenlit by accused

Cronje continued to say Ntanzi informed her that he was not influenced by the police or promised a benefit to make a statement.

“It appeared to me the deponent was in his sane and sober senses,” the witness said.

She further highlighted that each page of the statement was interpreted back to Ntanzi after taking down his confession.

“After indicating that he was satisfied, I requested him to sign each and every page in my presence, in the presence of the interpreter and in the presence of his legal representative, Mr Mjiyako. It was noted the dependent was confident and had good eye contact. There were no visible marks on the face or hands.”

READ MORE: Cop says Senzo Meyiwa murder suspect’s confession wasn’t recorded

Cronje said she recorded the whole interaction on her laptop, though she admitted that she did not tell Ntanzi and other occupants in the room that she was recording.

She explained that she usually records conversations in instances where she was in a place that has no recording facilities like a courtroom.

“It is a personal choice and also for my own safety,” Cronje said.

The magistrate will be cross-examined on Wednesday after the defence listens to the audio of Ntanzi’s alleged confession statement.

Defence decides against recalling witness

Meanwhile, the defence have abandoned their application to recall retired Colonel Mhlanganyelwa Moses Mbotho for cross-examination.

Mbotho took the alleged confession statement of Sibiya on the day he was arrested on 30 May 2020.

The retired police officer, who testified on Friday refuted claims Sibiya was assaulted, saying the accused made the statement voluntarily.

Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli are on trial for Meyiwa’s murder, which took place on 26 October 2014.

The suspects have pleaded not guilty.

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