Bongani Ntanzi’s allegations of a ‘forced’ confession were critically examined by a senior magistrate at the Senzo Meyiwa trial-within-a-trial on Tuesday.
Senior magistrate details how Bongani Ntanzi’s confession was recorded
Proceedings in the trial-within-a-trial took a significant turn when Senior Magistrate Vivian Cronje rebutted the claims of Ntanzi, accused number 2 in the case, regarding an alleged ‘forced’ confession.
The crux of the matter revolved around two purported confessions by Ntanzi, one to a police officer and another to Magistrate Cronje.
Ntanzi’s advocate, Thulani Mngomezulu, argued that the statement was taken under duress and was never signed by Ntanzi, emphasising that it was not made ‘voluntarily and freely’.
However, State Advocate George Baloyi presented an audio recording of the alleged confession, taken by Magistrate Cronje, as a substantial piece of evidence that negates Ntanzi’s assertions.
Cronje, with a tenure stretching back to 1 July 1996 as a magistrate, recounted the series of events on 24 June 2020, when she was called upon to take down a confession at Boskburg court due to the unavailability of other senior magistrates.
Upon her arrival at the court, Cronje encountered a contingent of armed Ekurhuleni metro officers and a handcuffed young man, later identified as Bongani Ntanzi.
The procedure that ensued included the setup of her PC, confirmation of legal representation for Ntanzi, and the eventual recording of the confession in the presence of an interpreter and Ntanzi’s lawyer, Mr Mjiyako.
Cronje meticulously detailed the conditions under which the confession was taken, highlighting that Ntanzi was calm, maintained good eye contact, and was willing to provide the statement.
Despite the defence’s insistence on listening to the audio recording before proceeding with cross-examination, the judge declined the request, scheduling the cross-examination for the following day after the defence had a chance to review the audio overnight.
A crucial factor the defence may latch on to is Cronje’s admission that, despite following protocol in handling Ntanzi, the accused was not informed his confession was being recorded.
The Senzo Meyiwa trial-within-a-trial is expected to resume on Wednesday.