By Lehlohonolo Lehana.
The defence in slain soccer star Senzo Meyiwa’s murder trial insists accused Bongani Ntanzi’s constitutional rights were infringed when magistrate Vivian Cronje recorded him while taking his alleged confession to the crime.
It has also opposed the state’s application to lead evidence based on the audio recording, saying Ntanzi was not informed he was being recorded.
In June 2020, Cronje recorded Ntanzi making the alleged confession.
State prosecutor George Baloyi on Wednesday made a U-turn in court, saying he will lead evidence on the recording in an ongoing trial within a trial about the validity of Ntanzi’s confession.
Baloyi argued they need to listen to the pro forma of the recording to prove to the court the admissibility of the signed confession the state has.
The state in its submission mainly focused on section 4 and 5 of the Communication Act and the Rica Act.
However Judge Ratha Mokgoatlheng has ruled that Ntanzi’s rights were infringed when he was recorded confessing to his alleged role in the murder of former Bafana Bafana captain Senzo Meyiwa.
Because Ntanzi’s rights were violated, the recording cannot be admitted into evidence.
In a trial within a trial on Friday, Mokgoatlheng handed down judgment on the state’s application to admit the audio recording of Ntanzi completing a confession pro forma document into evidence.
The court is currently hearing evidence on the admissibility of confession statements made by Ntanzi and Muzikawukhulelwa Sibiya.
The court rejected the state’s arguments that there were no violations and that the recording was an electronic version of Ntanzi’s confession.
Mokgoatlheng found that Ntanzi’s rights and dignity were infringed when he was not informed and, therefore, could not consent to the audio recording.
“In this case, I am of the view that accused number two’s rights to a fair trial were infringed by the making of the audio recording by Magistrate Cronje,” Mokgoatlheng said.
The court further said the act was an egregious and flagrant abuse of Ntanzi’s rights.
As a result, Mokgoatlheng dismissed the state’s application, ruling that the audio recording was inadmissible.
While this ruling grants a slight reprieve for Ntanzi, the court still needs to rule on the admissibility of the confession statement. In addition, the ruling on the audio recording has no bearing on the rest of the trial within a trial.
“Rulings which are made on admissibility in trials within a trial, those decisions are interlocutory, and may be reviewed.”
A ruling of admissibility is not final.
Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli, are standing trial for the murder of Senzo Meyiwa.
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