Avid followers of the Senzo Meyiwa murder trial were taken through a whirlwind of emotions when, on Friday, Judge Ratha Mokgoatlheng delivered a shocking ruling in the inquiry about Bongani Ntanzi’s recorded confession.
Bongani Ntanzi recorded confession thrown out of Senzo Meyiwa trial
In what seemed like a much-needed breakthrough for the defence, Judge Mokgoatlheng determined the audio recording that captured Ntanzi’s alleged confession to the murder of the ex-Orlando Pirates goalkeeper was not admissible in court.
This, the judge explained, was a consequence of a procedural mishap committed by a seasoned magistrate, Vivian Cronje.
Varying circumstances could explain why, on that day in particular, on 24 June 2020, the senior magistrate, with 14 years of experience at the time, failed to take the one crucial step in the procedure she undertook to document Ntanzi’s confession.
The defence’s arguments suggesting Ntanzi was forced into implicating himself in a heinous crime, or that he was in no condition to be interrogated about Meyiwa’s murder were futile at this juncture.
After all, Vivian Cronje failed to inform Ntanzi that she was capturing his confession on audio that day.
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.
Perhaps, an already compliant perpetrator-turned-informant would have granted his consent, as evidence presented in the trial-within-a-trial by the seasoned magistrate indicated the accused was a willing participant in closing a dark chapter of his life.
Following an intense and eventful week of testimony, Judge Mokgoatlheng determined the audio recording, where Ntanzi made damning statements for more than three hours about how the former footballer was murdered on that fateful October evening in 2014, was a violation of his right to privacy and including it as leading evidence would infringe on Ntanzi’s inherent right to a fair and unbiased trial.
For state prosecutors, whose case continues to slip out of their grasp, Friday’s ruling presents another steep mountain to conquer. The credibility of Advocate George Baloyi’s chief evidence is compromised and for the most part, the Senzo Meyiwa murder trial may resume without crucial confession tapes.
When this article was published, the defence team was grilling Magistrate Vivian Cronje under cross-examination.