THE Gauteng High Court in Pretoria has ruled that confession statements by two of the five men accused of murdering former Bafana Bafana captain Senzo Meyiwa were made freely and voluntarily, and without coercion.
The ruling, handed down by Judge Ratha Mokgoatlheng, means that the confession statements of Bongani Ntanzi and Muzi Sibiya can be admitted as evidence in the main trial.
Since October 2023, the High Court has been dealing with evidence in a trial-within-a-trial, held to determine the admissibility of the confession statements and of a pointing out.
On Thursday, Mokgoatlheng said he carefully analysed all the evidence on “whether the said alleged confessions were made freely and voluntarily in the sound and sober senses of the deponents, without any coercion”.
Mokgoatlheng ruled that both confession statements by Ntanzi were made freely and voluntarily, and without any coercion while he was of sound mind and sober senses.
He made the same ruling on the confession statement and pointing out by Sibiya.
News24 previously reported that according to the State, Ntanzi made a first confession before a police officer, Lieutenant Colonel Moholo Solomon Raphadu, on 19 June 2020, shortly after his arrest.
Five days later, on 24 June, Ntanzi was said to have made another confession before Magistrate Vivian Cronje in the presence of his attorney, Dominic Mjiyako.
The second confession was made after interactions between Ntanzi, Mjiyako and the State, where a “proposal” was made, the court previously heard.
Ntanzi challenged the admissibility of both confessions, claiming they were made under duress because he had been assaulted and tortured.
He later claimed that he never said anything to Cronje, and that he was merely forced to sign a completed statement with Raphadu.
Meanwhile, Sibiya allegedly made a confession before Colonel Mhlanganyelwa Mbotho on the day of his arrest.
The State said Sibiya had also done a pointing out. This is where an accused or suspect is taken to a crime scene and points of interest to explain to investigators what transpired.
Sibiya also claimed that he was tortured during the pointing out and to make a confession.
Meyiwa was shot dead on 26 October 2014 while visiting his girlfriend, Kelly Khumalo, at her mother’s house in Vosloorus.
The accused have pleaded not guilty.
Image (Bongani Ntanzi consulting with lawyer Mpho Ramosepele during court hearing).
