By Lehlohonolo Lehana.
Magistrate Vivian Cronje had taken the stand at the Senzo Meyiwa murder trial in the North Gauteng High Court, Pretoria.
Cronje took the stand as the third witness in a “trial within the trial”.
The state wanted to determine whether the confessions made by Bongani Ntanzi and another accused, Muzukawukhulelwa Sibiya, were admissible.
The two are among five men on trial for the October 2014 killing of the Bafana Bafana footballer at the home of his girlfriend Kelly Khumalo in Vosloorus, Gauteng.
On Monday two of the accused who confessed to the murder had hired an advocate to re-examine the testimony of witnesses who had testified in a trial-within-a-trial.
State witnesses last week started testifying about the alleged confessions made by Muzikawukhulelwa Sibiya and Bongani Sandiso Ntanzi.
Cronje told the court she administered Ntanzi’s confession in June 2020, who was in the presence of his lawyer at the time, a certain Dominic Mjiyakho.
She said there had been a huge group of about eight armed Ekurhuleni Metro Police when a handcuffed Ntanzi came to make his confession at the Boksburg Magistrate’s Court. To the irritation of the police, she demanded a list of all the officers involved and attached their names to the confession.
State advocate George Baloyi told the court there was an audio recording of the confession, which would be played to defence attorneys.
Cronje told the court that she had been a magistrate since July 1996, having been a prosecutor since December 1990. She has administered about 50 confessions.
Cronje said Ntanzi told her he had been arrested on June 16, 2020, had not appeared in court, nor had he taken a bath. He gave his confession on June 24, 2020.
She asked Ntanzi to describe in his own words how he had come to make his confession.
Cronje recorded Ntanzi as saying:
“The police called me and asked me if I know of Senzo Meyiwa’s death. I was arrested on the 16th, I didn’t see or understand what was going on.”
“I didn’t understand when I was supposed to appear in court. If one is arrested, they are supposed to come to court. I called my attorney and I told him I want to come to court”.
In terms of the Criminal Procedures Act, suspects are to appear in court within 48 hours of their arrest.
Cronje said she informed Ntanzi that he was under no obligation to incriminate himself and that he had a right to remain silent.
Cronje also recorded the confession for her own records. This recording, which is said to be three hours long, is set to be viewed by the defence attorneys overnight.
Cronje is expected to be cross-examined by the defence on Wednesday.
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Video Courtesy of ENCA.