Judge Ratha Mokgoatlheng. (Mario van der Waal/Gallo Images)
Judge Ratha Mokgoathleng will on Thursday rule on whether the alleged confessions made by two of the five accused men in the Senzo Meyiwa murder trial are admissible.
On Monday, the defence wrapped up its closing arguments — in the five month long trial-within-a-trial to determine the admissibility — and reiterated that the two accused had not made their confession statements “freely and voluntarily”.
Mokgoathleng said his judgment in the Pretoria high court would not be a full ruling but one that would give the outcome of the interlocutory trial.
Accused number one Muzikawukhulelwa Sibiya and accused number two Bongani Ntanzi are on trial, alongside Mthobisi Ncube, Mthokoziseni Maphisa and Fisokuhle Ntuli, for the October 2014 killing of Bafana Bafana captain Meyiwa at the home of his girlfriend, Kelly Khumalo, in Vosloorus, Gauteng.
Giving his closing arguments on Friday last week, defence advocate Thulani Mngomezulu, who represents Ntanzi, said he believed the state had failed dismally to prove that confessions by the accused were made “freely and voluntarily”.
“But what is very important here is whether the state satisfied the court that he [Ntanzi] made the statement freely and voluntarily in his sober state. Whether the accused is lying, is misrepresenting his facts or distorting information, ultimately, the law requires the accused person to give evidence which is both reasonably and possibly true,” he added.
On Monday, Sibiya’s lawyer Sipho Ramosepele argued that Colonel Mhlanganyelwa Mbotho, who took the alleged confession from his client, had played down the extent of his injuries when he appeared in court.
Ramosepele further told the court that Sibiya was not informed of his constitutional rights and that his client’s hands were injured and swollen, as a result of tight handcuffs, which he said was a sign of torture.
He added that his other injuries were not visible as a plastic bag was used to suffocate Sibiya.
On 13 October 2023, Mbotho took the stand and told the court that Sibiya had no injuries — just a few scratches on his hands from the handcuffs and droplets of blood.
On Monday, Ramosepele said: “In total, accused two was in handcuffs, deprived of food and sleep for hours. That, my lord, is perpetuating of torture. You cannot return someone for interrogation where he is not entitled to basic human rights.”
All the accused have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.