Court rejects audio recording of alleged confession in Senzo Meyiwa murder trial

The Pretoria high court has ruled the audio recording of an alleged confession by an accused in the Senzo Meyiwa trial made by magistrate Vivian Cronje is inadmissible as evidence. 

Judge Ratha Mokgoatlheng ruled on Friday that the three-hour recording of former mineworker Bongani Ntanzi was to be excused from evidence. 

“If this court allowed such a negligent and flouting of his right, it would not be in the interest of justice because the accused would be continuously subjected to a trial unfairly.

“This court rules the audio recording should not form part of these proceedings. It is inadmissible,” he said. 

Mokgoatlheng said there was no dispute the recording was made without the suspect's consent.

No ruling was made on the proforma question and answer document the magistrate made when taking down Ntanzi's statement.

State prosecutor George Baloyi on Wednesday introduced the tape recording to evidence at the trial-within-a-trial.

The judge said: “I wish to differ with Baloyi when he says the recording of the interview and the alleged statement are merely the basis of an electronic version of the proforma question and answer.

“He advised this court there's a difference between the proforma document and what was deciphered in the recording.

“If he admits the court is confronted with two versions of the confession interview, it means we have the original real evidence and supplementary evidence,” said Mokgoatlheng.

The state called Cronje its witness in the trial-within-a-trial because she presided over the alleged confession made by Ntanzi in June 2020. 

Advocate Thulani Mngomezulu, who is representing Ntanzi, had argued the court should not admit the tape as evidence due to the manner in which it was obtained, including that Cronje had not informed anyone at the time that she was recording the statement.

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