The Pretoria High Court is set to make a pivotal decision on Thursday regarding the admissibility of two confession statements allegedly made by accused number one and two in the Senzo Meyiwa murder trial.
This ruling comes after the conclusion of the trial within the main trial earlier this week.
Trial within a trial almost complete
The trial within a trial has been ongoing since October 2023. It has focused on the circumstances surrounding the confessions of the accused, Muzikawukhulelwa Sibiya and Bongani Ntanzi.
Both individuals allegedly confessed to the murder of Meyiwa, a prominent South African footballer. However, they claimed coercion through assault and torture.
During the proceedings, lead investigator Bongani Gininda refuted these claims. He asserted that the accused sought a plea bargain. Ntanzi provided a false alibi, as confirmed by his absence from work on the day of the murder, added Gininda.
Khumalo alleged to be mastermind behind killing
It was also revealed during the trial within a trial that Ntanzi confessed voluntarily upon realising that his absence from work was known. Additionally, an affidavit read by Gininda implicated singer Kelly Khumalo, as the mastermind behind the murder. Khumalo was Meyiwa’s girlfriend when the incident happened. This suggested that it was a contractual killing orchestrated by her.
Legal expert and lawyer Lekoko Mateme commented on the potential outcomes of the court’s ruling. He stated: “Should the confession be admissible, the state would have a very good ride in proving the case against the accused beyond reasonable doubt. This because pertinent evidence would have been admitted in the form of evidence of confession.
“The defence would be trying very much to create doubt in the confession through subsequent evidence.
Judge’s decision will have significant implications
“Should the matter be decided in favour of the defence, the state would be put on the back foot. They would have to continue as if there were no confessions. No reference would be made to the evidence adduced through confession. The state would have to call further witnesses.”
Mateme further emphasised the importance of proper administration of justice in the trial. He noted that both the state and the defence have called relevant witnesses. This in order to elucidate and supplement their respective cases.
“Gininda, the magistrate and the interpreter who was present at the time of the confession session… It is proper for the state to call all those key people. Furthermore, the defence asked their own witnesses to elucidate and or supplement their case. [It] is another point of proper administration of justice and fairness,” he said.
Decision will shape the next phase
As the Pretoria High Court prepares to deliver its ruling on the admissibility of the confessions, the outcome will undoubtedly have significant implications for the trajectory of the Senzo Meyiwa murder trial. It will shape the strategies of both the prosecution and the defence moving forward.
Meyiwa was shot and killed at his then-girlfriend Khumalo’s home in Vosloorus on October 26 2014. Five men are on trial for the murder. They are Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Sifisokuhle Ntuli. They have all entered pleas of not guilty.
