There was an audio recording of accused number two in the Senzo Meyiwa murder trial, Bongani Ntanzi, allegedly confessing to the murder of the soccer star.
This was revealed by magistrate Vivian Cronje during her testimony in the Pretoria magistrate’s court.
The court seeks to find the admissibility of the alleged confession statements which were retrieved by the state following the arrest of the accused.
Cronje told the court that she did not mention the recording of the session, but assured that the accused was made aware of his rights when he allegedly confessed to the murder.
State advocate George Baloyi told the court on Wednesday that the state intends to use the recording to help determine if the statement in question was made voluntarily.
He said Cronje was entitled to record the alleged confession because she was also party to the communication, even though she did not inform Ntanzi about the recording.
“Any person other than a law-enforcement officer may intercept any communication if he or she is a party to the communication unless such communication is intercepted by the person for purposes of an offence.” Baloyi said.
Cronje said Ntanzi was cautioned that he has a right to be represented by a lawyer when he made the alleged confession.
She added that the deponent was also made aware that he was not forced to make any statement that implicates him, and was also told that in a case he wished to continue, the statement may be used against him in court.
According to Cronje, Ntanzi was happy to continue registering the said confession.
Asked about the bruises on the accused body, she said Ntanzi informed her that he got them from working underground, and that others dated back to his childhood, including a scar on his forehead.
She also confirmed that no recent injuries were visible.
According to Cronje, she asked if the deponent was forced to make a statement, influenced or motivated by anyone, threatened, or promised anything in return, and Ntanzi indicated that he willingly wanted to make the statement.
Ntanzi, testified Cronje, continued to make a six-page statement that was penned in his own words.
The statement was allegedly made in isiZulu and translated into English by a translator, Evelyn Motlapeng, who was present during the session.
The interpreter, said Cronje, read the statement back to the accused.
The details were confirmed and the pages were signed by the interpreter and deponent then stamped by the magistrate at 5.20pm on June 24 2020.
She told the court that she did not notice Ekurhuleni Metro Police Department officials, the lawyer, and the deponent when she left room two of the Boksburg magistrate’s court.
Cronje also confirmed that Ntanzi’s lawyer, Dominic Njiyakho, was present throughout the proceedings of taking down the statements, and that she was not wearing her magistrate gown during the session.
Defence lawyers argued that they needed to listen to the recording in a consultation-style manner, stating that the application to use the audio recording is late.
