Nine years after Senzo Meyiwa’s death, court grapples with alleged confession

As the nation remembers nine years since the death of former Bafana Bafana captain Senzo Meyiwa, an alleged confession made by one of the suspect in his murder came under the spotlight.

The Gauteng High Court in Pretoria is hearing evidence in a trial-within-a-trial, which is being held to determine the admissibility of confession statements, pointing out and warning statements by all five men in the main trial.

The focus in court on Thursday related to a confession statement of accused number two, Bongani Ntanzi.

The court previously heard that Ntanzi confessed to his alleged involvement in Meyiwa’s murder for the first time to a police officer.

His second confession was made before a magistrate five days later on 24 June 2020.

Both confessions are being disputed by the defence, who claim the statements were not done freely and voluntarily.

First confession

On Thursday, new state witness Colonel Moholo Solomon Raphadu testified that he took Ntanzi’s first confession at Moroka Police Station in Soweto on 19 June 2020.

Raphadu told the court Ntanzi was brought to the police station by an Ekurhuleni Metro Police Department (EMPD) officer called Jonathan.

The witness explained in his evidence-in-chief that he introduced himself as a justice of the peace officer and showed Ntanzi his appointment certificate before commencing to read the suspect his rights as contained in a pro forma.

A pro forma is an introductory part that deals with an accused’s rights, including remaining silent and being legally represented, before making a confession or statement.

According to Raphadu, Ntanzi appeared sober and wanted to proceed in making a statement without any legal representative.

ALSO READ: Senzo Meyiwa trial: Defence grills witness over ‘inducing’ accused into making confession

The suspect also indicated that he had not been assaulted or influenced by any person to make a confession.

Raphadu continued to say Ntanzi informed him that he also was not promised a benefit to make a statement.

The officer said each page of the pro forma and the statement was signed by Ntanzi and himself upon completion.

The witness highlighted that he interpreted everything that was written down back to the suspect in IsiZulu.

“I took the statement with me and two days later it was collected by the investigating officer [Brigadier Bongani Gininda],” Raphadu said.

Watch the trial below:

Assault claims

Ntanzi’s lawyer, Advocate Thulani Mngomezulu then cross-examined Raphadu to test his version of events.

Mngomezulu has claimed that his client was coerced into signing the confession in the presence of the police officers who assaulted him.

The advocate put it to the witness that Ntanzi was, thereafter, tubed with a plastic bag and tortured by three police officers.

“They insisted that he should tell them the truth about the murder case,” Mngomezulu said on Thursday.

But Raphadu said Ntanzi never mentioned anything about an assault nor did he have any noticeable fresh injuries when he took the suspect’s statement.

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The officer also denied he was present when Ntanzi was beaten up.

Mngomezulu: “He will deny he ever made a statement neither was the statement read back to him. He never made such… the statement came with Brigadier Gininda and he was ordered to sign that.”

Raphadu: “That’s incorrect. The statement was made to me.”

Mngomezulu: “That means he was freely and voluntarily appending the signature on the written statement.”

Raphadu: “He did this freely and voluntarily. I disagree with that, he put his signature and thumb print freely.”

Accused wasn’t charged

Meanwhile, Mngomezulu asked Raphadu whether he was aware that Ntanzi was arrested and charged for being in possession of unlicensed ammunition on 19 June 2020.

“Did he indicate if there is another case he was arrested for except the one it is alleged he made a confession on?” the defence lawyer asked.

Raphadu agreed, but conceded that he didn’t ask about the other offence.

“I didn’t go into details. I just had the knowledge that he was arrested on another case,” the officer said.

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

Mngomezulu: “I put it to you that on the 16th of June 2020 when the accused was arrested for the murder case in Rustenburg and then booked at the Moroka Police Station, he was not formally charged until the 19th… the date of the taking of the confession.”

Raphadu: “That was never mentioned to me.”

Mngomezulu told Raphadu that Ntanzi was yet to be charged when he made a second confession on 24 June.

“I cannot respond to that. I was done with my job,” Raphadu responded.

Charges

Meyiwa was fatally shot by what the state alleges were armed intruders at the Vosloorus family home of his then girlfriend, singer Kelly Khumalo, on 26 October 2014.

Ntanzi and his co-accused – Muzikawukhulelwa Sibiya Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli – are on trial for his murder.

They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.

The suspects have pleaded not guilty.