South Africa: Tensions Rise Over Recorded Confession

18 October 2023

In the ongoing Senzo Meyiwa murder trial, an audio recording of the confession by Bongani Ntanzi took centre stage in court.

The case is currently in a "trial-within-a-trial" stage to decide the relevance of the confession statements of Ntanzi and another accused, Muzikawukhulelwa Sibiya.

State witness, Vivian Cronje, was scheduled for cross-examination in the Gauteng High Court in Pretoria this Wednesday.

She previously noted that, in June 2020, she was responsible for recording Ntanzi's confession, where she, Ntanzi, a lawyer, and an interpreter were all present.

Cronje confirmed Ntanzi's statement that he was not influenced or assaulted into confessing.

Each page of the document was signed by all parties present. Surprisingly, Cronje disclosed the existence of an audio recording, three hours long, capturing the entire interaction, unknown to Ntanzi or his attorney.

On Wednesday, state prosecutor George Baloyi intended to include this audio recording as evidence, emphasising its detailed account.

Advocate Thulani Mngomezulu countered, feeling "ambushed" by this sudden introduction, as the defence was earlier led to believe that the state wouldn't rely on the recording.

Judge Ratha Mokgoatlheng emphasised the importance of hearing the recording to decide its relevance. While the defence insisted on a preliminary hearing of the tape, the judge denied the request.

Mngomezulu then spotlighted the "principles of fairness and justice", highlighting the need for adequate consultation time and possibly enlisting an expert to verify the voice in the audio.

Baloyi suggested playing the recording and then taking a break for the defence to gather their thoughts before reconvening.

Mokgoatlheng, after much debate, agreed to the defence's plea to consult before the audio presentation.

The trial continues.

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