By Lehlohonolo Lehana.
The trial-within-trial in the Senzo Meyiwa murder case resumed today in the High Court in Pretoria after postponement to grant defence transcripts of the recordings.
The case involves five men accused of the murder of Meyiwa at singer Kelly Khumalo’s parental home in Vosloorus in October 2014.
During proceedings last week, the court heard audio recordings from the Boksburg Magistrate’s Court, where all five accused appeared on various occasions from October 2020 to March 2021. The defence, led by Thalani Mngomezulu, contested the representation of accused number 2, Bongani Ntanzi, by a person identified as Ntokozo Mjiyako.
The defence requested transcripts of the recordings due to their poor quality, emphasizing the importance of a clear understanding of the court proceedings.
The defence on Tuesday received transcripts of the proceedings of the accused’s court appearances in connection to Meyiwa’s murder.
State prosecutor George Baloyi informed Judge Ratha Mokgoatlheng that he received the transcripts of not only 27 October, but documents for 27 November 2020 and 5 March 2021.
“Those transcripts were only made available this morning and have been [handed over] to the [defence counsel],” Baloyi said.
Advocate Charles Mnisi, representing accused three Mthobisi Mncube, read out the November and March transcripts, which he believed had “relevance” to the trial-within-a-trial.
Mnisi highlighted how Ntanzi was blocked from addressing the court on 27 November and was told to speak through his legal representative by the presiding officer.
The advocate also pointed out that Mjiyako on 3 March had signalled his intention to cease representing Ntanzi because he was not paid for his services.
According to the 5 March transcript, Ntanzi told the presiding officer at the time that Mjiyako was withdrawing his services because the lawyer wanted him to plead guilty to Meyiwa’s murder.
The reason why I want him to withdraw is because Mjiyako wanted me to plead guilty to this murder and yes, I do confirm he is no longer representing me and I will proceed with legal aid,” Ntanzi told the court as per the transcript.
But state witness, Brigadier Bongani Gininda, sought to provide clarity about the matter, saying he was specifically questioned about the 27 October court appearance.
“There’s one date that was not covered and that was the date that was in dispute. The question that was put to me relates to the 27th of October 2020 and that is the date where it was said accused two said wants Mjiyako to withdraw [but] the record proved he didn’t say that [on that day],” the investigating officer said.
Ntanzi has already been pointed out by at least two witnesses as one of the armed intruders who entered the Khumalo household in Vosloorus on 26 October 2014.
Advocate Zandile Mshololo who represents accused five, Fisokuhle Ntuli, and Advocate Zithulele Nxumalo for Ziphozonke Maphisa who is accused four cross-examined Brigadier Gininda following the shocking testimony he gave last week which implicated singer Kelly Khumalo.
Mshololo questioned why Gininda rushed to take the alleged confession from accused one, Muzi Sibiya.
“If this is correct and the accused has indicated that he freely and voluntarily that he wants to make a statement why was it done at night? Why didn’t you wait for the following day for the accused statement to be taken,” she asked.
Gininda responded by saying that the accused had a right to give a statement at any time of the day.
“If there is someone who wants to confess in a complex matter that I’m seized with, he is aware of his constitutional right, he wants to make his confession freely and voluntarily and one makes an attempt to find an independent officer and that person is found why delay taking that. I’m not aware of a provision that says you must delay until morning,” he said.
Nxumalo asked how Gininda remembered confessions of three years ago from accused two, Bongani Ntanzi, on 18 June 2020.
Gininda: “I did indicate I noted it down on my diary subsequent to that a confession was made the next day on the 19th of June.”
Advocate Mshololo is expected to continue cross-examining Gininda on Wednesday.