South Africa: Confession Under Attack in Meyiwa Trial

25 October 2023

In the ongoing Senzo Meyiwa murder trial, the defence raised major concerns regarding the accused's understanding of his rights during a crucial part of the investigation.

The state is working to use confessions as evidence in the main trial, but the defence is challenging the admissibility of these statements.

Colonel James Hadebe, a police officer in the case, faced intense questioning from the defence during his cross-examination on Wednesday.

The defence argued that the accused, Muzikawukhulelwa Sibiya, was not sufficiently informed of his rights before participating in a pointing out of the crime scene.

This raises questions about the voluntariness of Sibiya's statements and actions during the investigation.

The defence's cross-examination focused on the events leading up to the pointing-out exercise, questioning whether Sibiya had given his consent to participate.

Hadebe insisted that Sibiya had agreed to accompany him to the crime scene, but he admitted that he did not formally record this consent. This omission could prove to be a significant point of argument as the trial progresses.

Advocate Zandile Mshololo, representing the defence, also highlighted potential issues with the way Sibiya's rights were explained to him.

She pointed out that the pro forma used to inform Sibiya of his rights was vague and may not have sufficiently covered the consequences of making a statement.

Hadebe maintained that Sibiya understood his rights, but this statement is likely to face further criticism as the trial continues.

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