The High Court in Pretoria has reserved judgment till Monday on whether or not the state can question accused number one in Senzo Meyiwa trial Muzi Sibiya, on the alleged confession by one of his co- accused.
This follows submissions by the defence objecting against the state quizzing Sibiya about the contents of the statement made by accused two Bongani Ntanzi.
While police were on a lookout for two alleged intruders that entered the Khumalo home in Vosloorus, it was the alleged confession of accused two Ntanzi that blew the lid on the Meyiwa murder case. Ntanzi is said to have made two confession statements following his arrest in June 2020, detailing different roles the accused before court played in the alleged contract killing of the Bafana Bafana captain.
The state has already gone through alleged admissions by Sibiya and the pointing out of the crime scene. However, the defence objected when the state wanted to quiz Sibiya about a different statement allegedly made by Ntanzi. Defence counsel Charles Mnisi says that statement cannot be used against the other accused.
"Now, what is it that is before court, that the state says they want to cross examine Mr Sibiya. These are the documents that they are saying. These are the statements that the state is saying are confessions that were made by Mr Ntanzi. Now the law with regards to the admissibility of confessions in respect of another person in by section 219 of the Criminal Procedure Act. And the position is very clear. A confession cannot be used against another accused person. The law is very clear."
Ntanzi's statement refers to Sibiya as the lookout man outside the Khumalo home when two intruders entered. Defence counsel Sipho Ramosepele - who represents Ntanzi, says the conspiracy has to be proven.
Zithulele Nxumalo - defence for accused four Mthokoziseni Maphisa - also objected to the statement ...
"This is the attempt by the state to force open the door for the admission of such a statement as executive statements against the co- accused. And this will undermine the intergrity of the court and should be discouraged at all costs."
While advocate Zandile Mshololo for accused five Fisokuhle Ntuli- says the use of the statement will be unconstitutional.
"The state indicated that those statements were made under the provisions of Section 217 and 219 of the criminal procedure. And therefore, the exception that the stage once cannot and and does not apply to the statement that are before the court. And they cannot be used against the co-accused. This is a constitutional My Lord."
State prosecutor George Baloyi says beyond the confessions- the state has also considered statements made by different witnesses.
"The evidence of Constable Zungu shows that the there was an association of the persons involved at the hostel, testified as to what happened before the departure of the accused, and also upon their return, how they followed one another. The pointing out and his own confession that the accused spells out the role that he played, said his role was that of a lookout. The evidence of the witnesses who testify that those were in the house, that they were in the house."
Judgment on the confession statement is expected to be delivered on Monday when the trial resumes.