Defence advocate Zandile Mshololo
Defence advocate Zandile Mshololo in the Senzo Meyiwa murder trial argued in the Pretoria high court that accused number two, Bongani Ntazi, was unlawfully detained and magistrate Vivian Cronje did nothing about it.
Cronje has been on the stand as a state witness in a “trial within the trial” to determine whether confessions made by Ntanzi and another accused, Muzukawukhulelwa Sibiya, are admissible.
Cronje, who recorded Ntanzi’s alleged confession, previously told the court that he had said he had been arrested on 16 June 2020 but had not appeared in court. He made the confession on 24 June 2020.
During cross-examination on Monday, Mshololo asked whether Cronje had explained to Ntanzi that he had the right to appear in court within 48 hours after arrest, as stipulated by section 48 of the Criminal Procedure Act. Cronje said she had not.
“It shows that he was complaining to you about being arrested on 16 June. What did you understand by someone saying they were in detention for 8 days without going to court?” Mshololo questioned.
“I saw that and considered it to be an irregularity,” Cronje said, adding that it was not in her power to release Ntanzi.
“But it was in your powers not to continue taking a statement from someone who was in illegal detention,” Mshololo said.
“He showed the desire to speak and had a lawyer at that time. I also did not deem it necessary to stop with the proceedings,” Cronje responded.
State advocate George Baloyi called the interpreter who was present when Ntanzi made the alleged confession. Tshepiso Motlhapeng told the court that Ntanzi appeared to be someone who really wanted to speak.
“When his rights were read he specifically said in Zulu, ‘Cha sisi ngifuna ukuqhubeka ngikhulume [I really want to speak],’” Motlhaping told the court.
Motlhaping confirmed that Ntanzi had signed the confession. The defence had put it to the previous witnesses that he had not.
“He did. I gave him the pen to sign,” Motlhaping said.
Ntanzi is among five men accused of killing the Bafana Bafana player at the home of his girlfriend Kelly Khumalo on 26 October 2014 in Vosloorus, Gauteng.
They have all pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.