The Senzo Meyiwa murder trial resumes today at the Pretoria High Court, where Judge Ratha Mokgoatlheng is expected to deliver a ruling on whether the State may cross-examine accused number one, Muzi Sibiya, about the alleged confession of co-accused Bongani Ntanzi.
Proceedings are scheduled to begin at 10:00 SAST, and the live stream of the trial is available below.
Tensions escalated in court last Friday after defence lawyers strongly objected to the State’s attempt to question Sibiya over Ntanzi’s statement.
The defence argued that the move was procedurally improper and infringed upon the accused’s right to a fair trial.
Advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, told the court that the prosecution’s actions amounted to what she described as a “trial ambush.”
“This court should not allow the State to fish,” she said, arguing that the prosecution had failed to clarify whether Ntanzi’s statement should be classified as a confession, a pointing out, or an exculpatory statement.
She maintained that the uncertainty over the classification of the evidence compromised the defence’s ability to respond appropriately.
“If the classification of evidence is not explained properly, the defence will be expected to make submissions on admissibility without clarity,” Mshololo said.
Advocate Zithulele Nxumalo, who represents accused number four, echoed the objection, stating that the prosecution’s actions violated the accused’s constitutional rights.
He reminded the court that a separate trial-within-a-trial had already been conducted to determine the admissibility of Ntanzi’s alleged confession, which was contested on the grounds that it had been made under duress.
In response, State Prosecutor Advocate George Baloyi defended the State’s position, arguing that the evidence was relevant and could lawfully be used. Baloyi cited testimony from witnesses at the Basotho hostel, who allegedly saw the accused before and after Meyiwa’s killing.
“There are people who testified about the accused as they departed to kill Meyiwa. And upon returning, the witnesses informed the court that they saw them,” Baloyi said, adding that witness Tumelo Madlala identified accused number one at the scene.
Judge Mokgoatlheng acknowledged the need to distinguish between a confession and an exculpatory statement under Section 217 of the Criminal Procedure Act.
He reserved his ruling, which will be delivered in today’s sitting.
The Senzo Meyiwa murder trial, which has spanned several years, continues to draw national attention as it probes the 2014 killing of the former Bafana Bafana captain in Vosloorus.
Five men stand accused of his murder, along with charges of robbery and unlawful possession of firearms and ammunition.
Watch the live stream of the Senzo Meyiwa murder trial below.
