South Africa: Meyiwa Trial Witness Hits Back Over 'Unlawful' Custody Claims

23 October 2023

Magistrate Vivian Cronje opposed allegations that she neglected her duties after Senzo Meyiwa murder accused Bongani Ntanzi told her of his "unlawful" detention.

The incident came to light during her cross-examination in the Gauteng High Court in Pretoria.

Senzo Meyiwa, a former Orlando Pirates goalkeeper, was fatally shot on 26 October 2014. Five men, including Ntanzi, are currently on trial for his murder, with all pleading not guilty.

The court is running a trial-within-a-trial to establish the admissibility of confession statements made by Ntanzi and co-accused Muzikawukhulelwa Sibiya.

Cronje, who recorded Ntanzi's confession on 24 June 2020, testified that the statement was given freely, voluntarily, and in the presence of a legal representative, Dominic Ntokozo Mjiyako, and an interpreter.

The defence claims that Ntanzi was assaulted at four different locations by police officers before making the alleged confession.

Also, he appeared in court for the first time in October 2020, months after his arrest on 8 June 2020, violating the 48-hour rule for court appearances post-arrest.

When asked why she proceeded with the confession despite Ntanzi's claim of not having washed since his arrest, Cronje stated that his lawyer was present, and Ntanzi seemed willing to confess.

However, she admitted to not taking any action regarding his request to call his family and take a bath, and not inquiring why he hadn't been taken to court sooner.

Advocate Zandile Mshololo, representing Fisokuhle Ntuli, challenged Cronje on her inaction, questioning why she would give Ntanzi assurances that she could help him.

Cronje responded that she could only offer protection against irregularities and report the matter to the police.

Cronje disclosed that she reported Ntanzi's concerns about his detention to a senior magistrate but is unaware of any actions taken after that.

The trial continues.

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