Senzo Meyiwa trial: Suspect wanted plea bargain to testify against co-accused, court told

One of the five men accused of killing former Bafana Bafana goalkeeper Senzo Meyiwa allegedly wanted to enter into a plea bargain to testify against his fellow accused.

This is according to state witness, Brigadier Bongani Gininda.

Gininda, the lead investigator in Meyiwa’s murder case, was cross-examined by the defence in the Gauteng High Court in Pretoria on Monday.

A trial-within-a-trial is taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused in the main trial.

Plea bargain

Advocate Thulani Mngomezulu told Gininda that his clients, Muzikawukhulelwa Sibiya and Bongani Ntanzi, deny that they made confessions freely and voluntarily.

Gininda disagreed, saying the accused first spoke to him before the investigating officer made arrangements for the taking down of their confession statements.

“They elected to do such,” he said.

The witness told the court that Ntanzi, who was arrested on 16 June in North West, did not only make admissions, but also proposed a plea bargain in terms of Section 105 of the Criminal Procedure Act.

“There was an engagement in terms of Section 105A of the Criminal Procedure Act between the state and the accused while he was legally represented and in the documentation that we have, they firmly say we stand by the two confessions that were made by accused two.

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“Insofar as admitting the statement he made, he went further in proposing a plea bargain that he would plead guilty and testify against his co-accused. That is the extent of the discussions between accused two and the state. So those are the reasons why he would not believe now that all of a sudden those statements were not made,” he said.

Gininda, the head of the national cold case unit within the South African Police Service (Saps), questioned why the confessions were not disputed before the trial commenced in the high court.

“Even in Boksburg, when they made their first appearance, none of the accused raised the inadmissibility of the confessions they have made.”

Watch the trial below:

The state has claimed Ntanzi made a confession about his alleged involvement in Meyiwa’s murder at the station before Colonel Moholo Solomon Raphadu at the Moroka Police Station in Soweto on 19 June 2020.

Five days later, the second confession statement was taken down by Magistrate Vivian Cronje in the presence of his lawyer, Dominic Ntokozo Mjiyako at the Boksburg Magistrate’s Court.

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

The defence has, however, claimed that Ntanzi had no attorney present on the day and that the accused was tortured by law enforcement officers before the confession was made.

Meanwhile, Sibiya made his alleged confession at Diepkloof Police Station on the day of his arrest on 30 May 2020.

Sibiya further made a pointing out exercise of the crime scene in Vosloorus on 5 June 2020 in addition to his confession.

But the defence also has argued that his confession and pointing out was made under duress.

Not guilty

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

Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli are on trial for his murder.

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s killing.

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