Judge Ratha Mokgoatlheng ruled that the confessions made by two of the five men accused of the brutal murder of former Bafana Bafana captain Senzo Meyiwa were valid, and made admissible in the high-stakes trial.
“Consequently, after going through all that evidence carefully, this court has reached the following conclusion, it rules that the confession made by accused number one (Sibiya) was made freely and voluntarily, without any coercion,” he ruled.
“It was made when accused was in his firm, sound and sober senses.”
For months now, the High Court in Pretoria has been holding a trial-within-a-trial, after the accused men disputed the confessions they made after being arrested for the murder of Meyiwa.
Bongani Sandiso Ntanzi and Muzikawukhulelwa Sibiya, through their legal teams, had vehemently argued that their earlier confessions were a result of coercion by members of the South African Police Service (SAPS).
“The confession made by accused number two (Ntanzi) in respect of the said confession taken by Ms Cronje the magistrate, the court rules that it was made freely and voluntarily without any coercion, when accused two in his full and sober senses,” Mokgoatlheng said in his ruling on Thursday.
“And also, the pointing outs made by accused number one before Colonel Hadebe were also made freely and voluntarily, without any coercion when accused two was in his full and sober senses. That is the ruling.”
Ntanzi and Sibiya have told the court that they were severely assaulted by police and were forced to sign confession statements implicating themselves and others in the murder.
They have told the court that they were tubed and beaten to make the confession, effectively claiming the confessions were made under duress.
What does the admissibility of the confessions mean for the trial?
Speaking to IOL News on Wednesday, legal commentator and defence attorney Nthabiseng Dubazana, from Dubazana Attorneys, said if the admissions are ruled to be admissible, they would form part of the record.
“What it actually means is that the court will consider the confessions when making a judgment and indicate that the confessions were done properly and the evidence is relevant,” Dubazana said.
“Not only that, the judge will compare what the accused said in court versus what is contained in the confessions. This can essentially be used against them.”
This would effectively put the State, as led by advocate George Baloyi, in a prime position to secure murder convictions against the accused.
Another legal practitioner, Lwando Mufune of Ueitele and Hans Inc, said the ruling by Mokgoatlheng, though important, was not necessarily a make or break for the State.
“If the State has overwhelming evidence and can still prove that the accused committed the murder, they are still in a good position to win the case,” said Mufune.
Meyiwa was killed on October 26, 2014, while visiting his singer girlfriend Kelly Khumalo at her home in Vosloorus.
Five men — Ntanzi, Sibiya, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli are standing trial for his murder.
IOL