The Pretoria High Court has heard that the man that accused 2 in the Senzo Meyiwa murder trial said was not his legal representative and did not know when he confessed at the Boksburg Magistrate’s Court, was actually not a stranger to him.
According to records read out in court, Advocate Dominic Mjiyako has represented Bongani Ntanzi on several occasions in other cases apart from the day Magistrate Vivian Cronje took down his confession on the 19th of June 2020.
Sergeant Vusumuzi Mogane took to the stand earlier today detailing Ntanzi’s arrest on the 16th of June 2020 before he was detained at the Moot Police Station in Pretoria.
The High Court in Pretoria is hearing arguments on the admissibility of confession statements, pointing out as well as warning statements.
According to Mogane, when he interviewed Ntanzi the day following his arrest, he knew about the day Meyiwa was shot and killed.
He says he then wanted to know about his whereabouts on the day of the former Orlando Pirates goalkeeper was murdered.
Witness, Vusumuzi Mogane says, “We asked him where he was when on the 26th of October 2014 when Senzo Meyiwa was killed. He did know about the day of Meyiwa’s murder. He said he knew about it because it was all over the news.”
“I asked him, because he was a suspect, where was he on that day. He said he was at the Sibanye Stillwater Mine in Westonaria.”
“We asked him if he could take us there to ascertain he indeed was there. Since it was already late, we didn’t go and we took him back to the cells and an entry was made in that regard.”
However, Mogane says records at Ntanzi’s workplace told a completely different story.
“We entered with him into the mine and we went to the human resource branch. They then checked in their records if Ntanzi was at work on that day. It was discovered that he was not on duty on that day. Then the human resource manager gave us a statement regarding that day.”
Previously, Ntanzi, through his legal representative, told the court that he was not legally represented, this when he made his second confession statement in Boksburg.
However, the court today has heard the man in the suit, Mjiyako and Ntanzi may have not been strangers.
Prosecutor George Baloyi: “And whilst you are still on exhibit R there are several appearances. Can you get the appearances of 13th July 2020.”
Witness Vusumuzi Mogane: “Yes, he was accompanied by me.”
Prosecution George Baloyi says, “On the proceedings of the 13th of July 2020 can you indicate who was appearing on behalf of the accused.”
Defense – Accused 1: Mr Mjiyako
Mogane: “And it is written, digitally recorded.”
“It says Mr Mjiyako requested postponement to the 3rd of August 2020 after discussions with the DPP.”
Towards the end of the proceedings, a statement by Mogane, only written at the height of the trial within a trial, commissioned by the lead investigator in the matter, raised the ire of the defense, calling it a fabrication.
Judge, Ratha Mokoatlheng: “Gininda never told you what to say. did he?”
Mogane: “No, he didn’t do that.”
Defense, Thulani Mngomezulu says, “It will be submitted that the statement was irregularly made.”
Mngomezulu adds, “My Lord, I will submit that the statement was irregularly made. It was recently made and contains fabrications. How do we conclude it was not fabricated?”
Judge Mokgoatlheng: “Who fabricated it?”
Mngomezulu: “The manner in which it was taken. Gininda is the lead investigator.”
Court will resume tomorrow when the state shifts the focus from accused 2, to accused 1, Muzi Sibiya, whose 30 May 2020 confession is also contested by the defense.