The Pretoria High Court has heard that Bongani Ntanzi was ostensibly willing to talk during the contentious confession currently under scrutiny in the trial within the Senzo Meyiwa murder trial.
Ntanzi, who is one of the five men accused of killing the late soccer star, allegedly admitted to the gruesome murder in the presence of magistrate Vivian Cronje.
Also present when Cronje recorded the confession in June 2020 was Ntanzi’s then legal representative Ntokozo Mjiyako and interpreter Tshepiso Motlhaping.
Previously, the court heard that Ntanzi freely and voluntarily confessed, however, his lawyer has argued that his rights were infringed.
During cross-examination by advocate Zandile Mshololo, defence attorney for accused number five on Monday, Cronje told the court that Ntanzi was willing to talk during the confession, indicating that he was not coerced.
Mshololo asked Cronje why she continued taking the confession knowing that the accused was in unlawful detention, to which Cronje responded by saying it was not within her power to release Ntanzi, and that he was legally represented.
“I considered it to be an irregularity,” Cronje said.
“He is the one who showed the desire to speak. I did not deem it necessary to stop with the proceedings.
“I also want to mention that we are not speaking about someone who was not represented. The legal representative was aware of what was being said.”
Cronje’s statement was corroborated by Mothlaping, who took the stand after the magistrate.
Mothlaping told the court that Ntanzi interjected, depicting a willingness to talk.
“Cha ngifun’ukuqhubeka ngikhulume [No, I want to continue to talk]”, these are the words Mothlaping alleged Ntanzi said to Cronje on the day he confessed.
Unlawful detention
Meyiwa was shot and killed during an alleged intrusion at the home of his then-girlfriend’s in Vosloorus, east of Johannesburg on October 26 2014.
Muzikawukhulelwa Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa, and Sifisokuhle Nkani Ntuli are on trial for the murder and have all entered pleas of not guilty.
During cross-examination on Monday, Mshololo asked Cronje if she queried the police officers who brought Ntanzi for the confession why he had not made a court appearance despite having spent eight days in detention.
Cronje said no, also confirming that she did not act on the accused’s request to contact his family. She instead ensured his security.
“So, what was the use of you explaining to the accused that he must be free and report anything because you will be able to assist him?” Mshololo asked.
The trial continues with a new witness on the stand.