Meyiwa trial: Sibiya allegedly refused offer for lawyer’s presence

A new state witness in the Senzo Meyiwa murder trial within a trial, Colonel Mhlanganyelwa Moses Mbotho, took the stand to testify about the alleged confession statements.

The court proceedings resumed in the Pretoria High Court on Friday after a postponement on Wednesday to allow defence to prepare.

The trial within a trial aims to confirm the credibility of the said confession statements.

Previously, the defense argued that it could not go ahead before it has received all the details of the confessions said to be contained in the statements.

Mbotho told the high court that he worked as a police officer for 34 years before retiring from the service in December 2022, noting that he has at least taken over 100 confession statements in his career, including those to be analysed in court.

He testified that he was called to help take a statement by accused number one, Muzikawukhulelwa Sibiya, which was penned and signed at the Diepkloof police station.

According to Mbotho, he advised the accused that he was not being forced to say anything that may incriminate him, and that whatever he said at the time might be used against him before a court of law.

Mbotho testified that he offered Sibiya a lawyer to represent him, however, the accused allegedly insisted that he wanted to make a statement without a lawyer present.

The accused allegedly appeared normal and sober, according to Mbotho, apart from bruised wrists as a result of being handcuffed.

The accused, said Mbotho, allegedly confirmed that no one had threatened or beat him up before he made a confession.


“I gave the man [Sibiya] a seat but he was in handcuffs. I then greeted him in isiZulu, introduced myself, and showed him my appointment certificate.

“I introduced myself as Colonel Mbotho and I told him that I am the justice for peace. I explained that a justice for peace has powers as the magistrate, and that I am allowed to take confessions,” said Mbotho.

The accused requested him to remove his face mask, which he wore as per Covid-19 regulations, so he could see his face.

When Mbotho enquired why he had been arrested, Sibiya allegedly confirmed that it was because of the shooting of Meyiwa.

Mbotho told the court that his interview with the accused continued without being recorded on audio or on video

He explained that the accused told him that he had been asked to make a full statement at the time of his arrest on May 30 2020, and was promised that another official would come to take the statement.

He allegedly made the statement alongside accused number two, Bongani Ntanzi.

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