Accused one, Muzikawukhulelwa Sibiya and accused two Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
The Gauteng High Court in Pretoria heard on Friday how one of the five men charged with the murder of former Orlando Pirates goalkeeper Senzo Meyiwa confessed voluntarily, without any police coercion or torture.
The trial resumed after a postponement earlier this week to allow the defence to consult with their clients.
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The state informed the court on Wednesday it intended to lead evidence on the confessions obtained from accused one, Muzikawukhulelwa Sibiya, and accused two Bongani Ntanzi, regarding Meyiwa’s murder.
Sibiya and Ntanzi’s lawyer, Sipho Ramosepele, however, objected and told the court his clients made the statements after they were allegedly assaulted.
This meant “a trial within a trial” needed to take place to determine the admissibility of all the statements.
On Friday, state prosecutor Advocate George Baloyi called retired Colonel Mhlanganyelwa Moses Mbotho to testify after Judge Ratha Mokgoatlheng ruled that the trial within a trial should go ahead.
Mbotho, who worked for the South African Police Service (Saps) for 34 years, revealed during proceedings he took Sibiya’s alleged confession at 9:45pm on 30 May 2020.
The veteran cop said he took the confession at the Diepkloof Police Station, where he asked the suspect questions in isiZulu.
After introducing himself and giving the suspect his appointment certificate, Mbotho said he asked Sibiya what he was arrested for and the accused told him it was for a shooting.
“I then warned him, according to the Constitution, that he is not forced to tell me anything that will incriminate him because everything he tells me I was going to write it down and that can be used against him in court.”
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At this point, Mokgoatlheng intervened saying Mbotho’s evidence on Sibiya’s confession relating to the reason of his arrest was inadmissible in terms of Section 35 of the Constitution.
However, continuing with his testimony, Mbotho said he reminded Sibiya of his legal right to representation because the allegation was “very serious”.
“I asked him if he had a lawyer because if he didn’t then the state can arrange a lawyer for him for free. [But] the accused said he did not need a lawyer for now and he has a lawyer called Mr Nkuna. He said he just wanted to talk.
“The discussion ended when he said he wanted to make a statement without a lawyer and that he is sober or forced to make a confession. The accused requested me to loosen his handcuffs because they were too tight on him before I started writing down [taking the statement].”
Mbotho told the court Sibiya signed the document and made thumb prints thereafter.
“What was the purpose for the signature?” Baloyi asked.
“To confirm that he understands everything,” Mbotho responded.
The retired officer said the first question he asked Sibiya was whether he wanted to make a statement, to which the accused agreed to.
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“I asked him whether he had been assaulted or threatened to make a statement and he said, “nobody assaulted, threatened or even influenced me to make the statement”. I further asked, was any promises [made] to you by any person if you should make a statement? His answer was that no promises were made.”
Mbotho also said they proceeded to talk about Sibiya’s arrest, which took place on the same day the statement was taken.
Sibiya then informed Mbotho that his arrest left him with slight injuries on both his wrists due to tight handcuffs, according to the officer.
The officer said the accused again told him he was not under the influence of alcohol or drugs.
“He said the last [time] he had drunk [alcohol] was in March due the lockdown and he doesn’t use drugs.
Upon completion, Mbotho said, he read statement to Sibiya and afforded him an opportunity to make changes if he deemed it necessary.
However, the suspect declined to do so or read the statement himself.
“The accused was satisfied the way I translated to him.”
The witness confirmed he gave the statement directly to Gininda.
“I then arranged with Brigadier Gininda to come to the office in Randburg to collect the statement because I didn’t want to give it to other people as it had confidential information. I didn’t even keep a copy,” he said before concluding his evidence.
The officer handed over the statement to Gininda the following day.
Meyiwa was fatally shot by what the state alleges were armed intruders at the Vosloorus family home of his then girlfriend, singer Kelly Khumalo, on 26 October 2014.
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