Magistrate Vivian Cronje has taken to the witness stand in the Senzo Meyiwa murder trial in Pretoria High Court.
Cronje is to testify on the alleged confession made by accused number two, Bongani Sandiso Ntanzi.
She testified that the confession was made on June 24 2020 at the Boksburg magistrate’s court, confirming she took down the confession.
The magistrate said she received a call from her senior at 11am on the day to make way to the Boksburg magistrate’s court and take down a confession.
She told the court that she was specifically called because other senior magistrates could not be involved in the taking down of the confession as they had been personally involved in the Section 205 of the matter.
“I arrived at the mentioned court at 2.25pm after my court [case] at Vosloorus was concluded. I then proceeded to the office which was pointed out to me. It was room number two, where the confession would be prepared.
“What was prepared was just a room for me and the deponent to sit, and anyone else who needed to join us.
“On the corridor, I found a strong contingent of Ekurhuleni metro police who were standing and moving around, and they were armed,” said Cronje.
She told the court she didn’t know any of the people she saw at the time, including the handcuffed man. The man in cuffs was standing on the other side of the corridor, a distance from the Ekurhuleni metro cops.
She said the handcuffed man was standing next to an older gentleman who was smartly dressed in a suit.
She asked for a list of names of all present Ekurhuleni metro officials present, the handcuffed man and the gentleman in suit. Although she claimed it was a struggle at first, she finally received the list.
Cronje said she was followed by Sergeant Mogane, the interpreter, the handcuffed man and a man in a suit.
She detailed hat the interpreter sat on her left side while the man in handcuffs sat to her right. The “gentleman in suit” sat behind the deponent.
Cronje has taken 50 confessions in her career
She asked Mogane for his appointment certificate and made copies that would also be attached to the confession. She further asked for all appointment certificates of the officers.
Cronje said she then spoke informally to the deponent to create a comfortable space. And at this point she learnt that the man in handcuffs was Bongani Sandiso Ntanzi, accused number two in the Senzo Meyiwa murder trial.
Ntanzi allegedly introduced his lawyer, Njiyakho, and highlighted that he wanted to proceed in the presence of his legal representative.
With her experience in taking at least more than 50 confessions in her career, she said she then analysed the mood and asked questions as they appear on the proforma form.
She said after taking the confession as Ntanzi wished, he was then asked to sign on each page.
Advocate Thulani Mngomezulu said the admissibility of the confessions were disputed on basis that it was obtained under duress. He claimed that the deponent did not sign the statement.
He also added that the statement was not made freely and voluntarily as alleged by the state.
