The Senzo Meyiwa murder trial encountered another setback when the proceedings were postponed on Wednesday due to the sudden illness of an interpreter.
As a result, the proceedings were postponed to Thursday.
In recent weeks, the trial faced numerous complications following the emergence of alleged confessions by Muzikawukhulelwa Sibiya and Bongani Ntanzi.
Presently, the court is deliberating on the admissibility of these purported confessions that could potentially impact the outcome of the trial.
During cross-examination on Wednesday, the court heard that Sibiya did not consent for his release from the holding cells when he was transported to make the said confession.
This raised questions about the voluntariness of Sibiya’s actions leading up to the alleged confession.
Lieutenant-Colonel Nkosikhona Hadebe, testified that he asked Sibiya to go with him. However, no official record exists of this request.
When questioned by the defence, the court learnt that he had not sought Sibiya’s explicit consent.
Did Sibiya submit himself voluntarily
According to one of the defence lawyers, advocate Zandile Mshololo, the crux of the matter lies in whether Sibiya voluntarily submitted himself or not.
“I’m asking this question because we are dealing with the issue of whether the accused voluntarily submitted himself to you to go to that office in the first place, and there’s nowhere he gave consent to you,” Mshololo said.
Hadebe clarified that he only informed Sibiya of the purpose of leaving the cell when they had arrived at the office, at which point he read the accused his rights.
“I explained that I came to take a statement as he had arranged with the investigating officer,” Hadebe told the court.
Previously, the court heard that Sibiya and Ntanzi were in the presence of law-enforcement authorities when they made their alleged confessions, respectively.
However, Mshololo has argued that their presence may have intimidated the accused.
“In other words, with the point that I am trying to make to you, the accused have been assaulted by the police, whether it is SAPS [South African Police Services], TRT [tactical response unit], or metro police,” she said.
