The five men accused of the murder of Bafana Bafana captain Senzo Meyiwa appear in the Pretoria High Court. Photo: Phill Magakoe/Gallo Images
Former police crime intelligence officer Dominic Mjiyako’s involvement in allegedly forcing two accused into confessions to murdering Bafana Bafana captain Senzo Meyiwa in 2014 re-emerged as accused number two, Bongani Ntanzi, rejected the former spook, who is now a lawyer.
Ntanzi, during his ongoing cross-examination by prosecutor Ronnie Sibanda in the Pretoria high court, stressed he did not know Mjiyako and never instructed him to represent him during his first court appearance at the Boksburg magistrate’s court in October 2020.
Ntanzi returned to the stand on Wednesday as the defence’s second witness in the “trial within a trial” to determine whether confessions made by him and accused number one, Muzikawukhulelwa Sibiya, were admissible.
The two claim to have been tortured by police officers and made to sign pre-prepared confessions.
Sibiya and Ntanzi are among five men accused of killing the footballer at the home of his girlfriend, Kelly Khumalo, on 26 October 2014 in Vosloorus, Gauteng. The other accused are Mthobisi Ncube, Mthokoziseni Maphisa and Fisokuhle Ntuli.
All five have pleaded not guilty to premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
During cross-examination, Ntanzi said: “I never spoke to that man (Mjiyako), even at the police station in Rustenburg, I never spoke to him.”
Ntanzi added that no one from his family could have hired Mjiyako to represent him as his mother was old and had no knowledge of how to contact lawyers.
However, a source close to Mjiyako told the Mail & Guardian that Mjiyako had received a call requesting him to represent Ntanzi in Rustenburg, where the accused supposedly made his confession to killing Meyiwa after his June 2020 arrest.
“The part that Ntanzi does not know Mjiyako [and] has never seen him is a lie. When Mjiyako left crime intelligence, he opened his own [law firm],” the source said.
Moreover, the source added that Mjiyako had been representing some people in Rustenburg and had received a call about a man arrested in Phokeng, a township in Rustenburg.
“Mjiyako believed that the call came from the guys [he was representing] in Rustenburg because they had told him that they would refer him to other people. They gave [Mjiyako] the number of the police officers involved and told him to go consult with Ntanzi,” explained the source.
“Mjiyako was given space with Ntanzi and he told him everything [about killing Meyiwa] in detail, providing clarity on every aspect.”
The details of the alleged confession cannot be revealed until Judge Ratha Mokgoatlheng rules on its admissibility.
Ntanzi, the source added, allegedly told Mjiyako, in Zulu, that Meyiwa had died unnecessarily, and that the accused’s conscience was “eating him up”, which is why he wanted to confess.
Arrangements were made with lead investigator, Brigadier Bongani Gininda, to take Ntanzi to the magistrate to make his confession, the source said.
Meanwhile, Sibanda asked Ntanzi to confirm his initials and signature on page 8 of the supposed confession statement.
In response, Ntanzi said he had only signed the document on that day because he believed it was to note his grievances about not having had a bath or being allowed to make a phone call.
“My lord, I had not taken a bath from when I was arrested. I only signed for my complaint,” Ntanzi said.
The trial continues on Thursday.