‘He really wanted to speak’: Accused in Senzo Meyiwa trial not ‘compelled’ to make confession

The Gauteng High Court in Pretoria has heard that one of the five men accused of killing Senzo Meyiwa insisted on making a confession.

The state called new witness, Evelyn Tshepiso Motlhaping, to give evidence in the Gauteng High Court in Pretoria on Monday.

A trial-within-a-trial is being held to determine whether the alleged confession statements of accused one, Muzikawukhulelwa Sibiya, and accused two, Bongani Ntanzi, could be admitted as evidence in the main trial.

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Motlhaping was the interpreter who was present when Ntanzi’s confession was taken by Magistrate Vivian Cronje at the Boksburg Magistrate’s Court on 24 June 2020.

The alleged confession, according to the defence, was not made freely and voluntarily as Ntanzi was assaulted days prior to making the statement.

Interpreter testifies

During proceedings, Motlhaping told the court she interacted with Ntanzi in IsiZulu and English when the suspect made his confession.

The witness corroborated Cronje’s evidence that Ntanzi’s lawyer, Dominic Ntokozo Mjiyako was also present at the time.

“The presiding officer asked the gentleman in the suit who he was and he said he was the lawyer of the suspect. The suspect also confirmed this. We then proceeded after all of this was completed,” Motlhaping said.

The defence previously claimed that Ntanzi did not have a legal representative nor did he even know who Mjiyako was.

RELATED: Senzo Meyiwa trial: Defence grills witness over ‘inducing’ accused into making confession

Motlhaping said Ntanzi appeared to her “like somebody who really wanted to speak”.

“When the rights were explained to him and the fact that he was not compelled in any way to make a statement, he said ‘no my sister, I want to speak’,” the witness said.

She said she didn’t see any injuries on Ntanzi and also disputed the defence’s notion that Ntanzi did not sign the statement upon completion of his confession.

“I’m the person that gave him the pen,” Motlhaping said.

Ntanzi’s lawyer, Advocate Thulani Mngomezulu, on Friday told Cronje that Ntanzi did not sign his confession statement but only the pro forma, the introductory part of a statement that dealt with a deponent’s rights.

Cross-examination

After a short adjournment, Motlhaping’s evidence-in-chief was put to the test by Ntanzi’s lawyer, Advocate Thulani Mngomezulu.

Mngomezulu asked Motlhaping, who has 25 years experience, about the difference between translation and interpretation.

“My job is to, basically, convey the idea by the speaker… to interpret not translate what the speaker says. Translation is mostly done in paper and is the process of translating word for word,” she said.

READ MORE: Senzo Meyiwa trial: Accused contradicts defence, claims no police torture

Mngomezulu then questioned Motlhaping why she did not translate the certificate of the interpreter to Ntanzi after the confession statement was completed and signed.

“Do you have a reason why you did not explain it to him”? the advocate asked.

“No because I have never had to explain the contests of the certificate to the deponent or anybody,” she responded.

Meanwhile, Motlhaping indicated, in response to a question posed by Judge Ratha Mokgoatlheng, that she had never been taken to court for misinterpreting.

She further said there were no breaks during the three-hour interview.

“Was there any stage where Mr Ntanzi queried the presence of the alleged legal representative?” Mokgoatlheng asked.

“Never my Lord,” Motlhaping replied.

Watch the trial below:

Ntanzi identified as intruder

Ntanzi is one of five men on trial for Meyiwa’s murder, who was shot and killed while visiting his girlfriend, Kelly Khumalo, in Vosloorus on 26 October 2014.

The suspect has already been pointed out by at least two witnesses as one of the armed intruders, who entered the Khumalo household in October 2014.

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s killing.