Share

EXPLAINER | What the trial within Senzo Meyiwa’s murder trial achieved

accreditation
0:00
play article
Subscribers can listen to this article
Judge Ratha ruled that the confession statement were made freely and voluntarily.
Judge Ratha ruled that the confession statement were made freely and voluntarily.
Tebogo Letsie

The main question that has been on everyone's lips is: Who killed Bucs skipper Senzo Meyiwa?

Five people are accused, facing charges of murder, attempted murder, robbery with aggravation circumstances, possession of a firearm, and possession of ammunition.

But before the court could resume with the murder trial, it had to have a trial within a trial as there was a question about whether accuseds Muzi Sibiya and Bongani Tanzi’s confessions may be submitted as evidence after they alleged that they were tortured when they were making their confession statements.

Yesterday, 14 March 204, Judge Ratha Mokgoatlheng ruled that Sibiya and Tanzi’s confessions may indeed be submitted as evidence. 

They took the stand and both told the court that they never made any confession to their alleged involvement the day the Bafana Bafana goalkeeper was shot to death.

The statements were made freely and voluntarily, found Judge Mokgoatlheng.  

Read more | EXCLUSIVE | ‘How being labelled Senzo Meyiwa’s killer has affected me’

It has been a decade since the talented soccer player's life was snuffed out.

For the Meyiwa family, the search for justice has been a long and arduous one.

Since the new presiding officer, Judge Ratha Mokgatlheng, was brought, Senzo's brother, Sifiso, previously told Drum.

The family has seen progress, and a lot has been revealed, he added. “The last time I spoke to you I told you that there is a second docket that implicates my brother’s girlfriend. However, there is a police official who can stand in that box and the case would be concluded in less than a month as opposed to all these years of us watching and hoping that they get to the truth.”

During yesterday's proceedings, state prosecutor George Baloyi told the court that now that the trial within the trial is over, he would like to call the witnesses for the murder trial who were also witnesses in the trial within the trial.

Speaking to Drum, National Prosecuting Authority (NPA) spokesperson Lumka Mahanjana says the NPA welcomes the ruling handed down by the Pretoria High Court, that the confession statements made by accused No 1 Muzikawukhulelwa Sthemba Sibiya and accused No 2 Bongani Sandiso Ntanzi, in the Senzo Meyiwa case, were admissible.

The Judge also found that the pointing out made by Sibiya was admissible. 

“This is after a trial within a trial was conducted because the two accused indicated to the court that they never wrote the confession statements, instead they were made to sign pre-prepared statements after they were assaulted. Sibiya further denied the pointing out and said he was assaulted.”

Lumka says in court during the trial within a trial, which started in October 2023, and proceeded for five months the state called 15 witnesses including police officials, a dentist, and a Magistrate, among others.

Read more |The call records are rigged, claims Senzo Meyiwa’s brother, Sifiso

“The state also led evidence on a tracker report, automated vehicle location (AVL), photographs showing Sibiya before and after the pointing out, occurrence books, and cell registers where the accused were detained. To prove that the accused persons had no injuries instead, the confession statements were taken freely and voluntarily, and the accused were in sound and sober senses without any undue influence.”

The main trial resumed on 15 March 2024.

Get the best in Soccer, News and Lifestyle content with SNL24 PLUS
For 14 free days, you can have access to the best from Soccer Laduma, KickOff, Daily Sun, TrueLove and Drum. Thereafter you will be billed R29 per month. You can cancel anytime and if you cancel within 14 days you won't be billed.
Subscribe to SNL24 PLUS
heading
description
username
Show Comments ()