Defence advocate Sipho Ramosepele
Defence advocate Sipho Ramosepele on Wednesday asked the Pretoria high court for a postponement to consult on the confessions said to have been made by his clients Muzikawukhulelwa Sibiya and Bongani Ntanzi, the first and second accused in the Senzo Meyiwa murder trial.
This was after the prosecutor, advocate George Baloyi, said the state wanted to start a “trial within a trial” to determine whether the confessions made by the two accused were admissible.
Ramosepele said his clients had stated that they never made any confessions, but were instead tortured and coerced into signing confessions that had been pre-written.
“He never made any statement, he denies that he made a confession. My lord, the making of the statement [should] have been explained because he said the statement was brought to him; he was assaulted and coerced to sign the already written statement,” Ramosepele said.
Judge Ratha Mokgoatlheng granted the postponement and ordered that the court be adjourned until Friday.
On Tuesday, Sibanye Gold human resources manager, Hendrik Mulder, told the court that Ntanzi was not at work on the day the footballer was shot in the home of his girlfriend, Kelly Khumalo in Vosloorus, Gauteng, on 26 October 2014 — because his contract states he does not have to work on a Sunday.
Mulder said that Ntanzi clocked out of the mine’s hostel at 6.57am on Saturday 25 October 2014.
“On the 25th, it reflects that Mr Ntanzi entered the mine premises at 3.55am and proceeded to the building at 3.56am and then entered the work area at 3.57am. He clocked out at 6.01am.”
Mulder said that Ntanzi only returned to work on 2 November 2014.
“According to my observation, there is no clocking on 26, 27, 28, 29, 30, 31 October or 1 November.”
Baloyi asked if there was an explanation for why he did not clock in on 26 October 2014 but Mulder did not answer that question, instead, he said if he was at the hostel then it would have reflected on his clock in history.
“You can see again that on 2 November he did clock in,” Mulder said.
Regarding the alleged explanation for where Ntanzi was, Ramosepele told the court on Wednesday that his client left his workplace 25 October 2014 and travelled to KwaZulu-Natal to pay lobola for his girlfriend and that there are bank statements that would prove that he indeed was in KZN.
Baloyi said the bank documents should be accepted into the record as evidence that is sufficient.
The documents relate to transactions from 25 October 2014 to 28 October 2014.
Ramosepele said Ntanzi told him that he had taken out a loan from Capitec, but it is not reflected on his bank statement.
Mokgoatlheng interjected and said: “If it is not there then it was never made, this is simple accounting principles unless you make it in another account.”
Mokgoatlheng said Ramosepele could not stop the state from looking into Ntanzi’s accounts but he could contest it.
The five men on trial for Meyiwa’s murder have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.