LIVE BLOG | Senzo Meyiwa murder accused complain about handcuffs

Following Monday's timultous proceedings that saw a scuffle break out between warden Enerst Jele with three accused – Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli – the Senzo Meyiwa murder trial continues at the North Gauteng High Court in Pretoria on Tuesday.

15:11 - Court adjourns 

Court has adjourned for the day and will resume on Wednesday morning at 10:00.

14: 40 - Ntanzi and his attorney, Mjiyako wanted Ntanzi to confess to a magistrate

"As I was approaching, accused number two stood up and said this is my attorney, Mr Mjiyako," he said.

Gininda says that Mjiyako produced his ID and a document from the Legal Practice Council (LPC) confirming that he was an attorney.

"Mr Mjiyako wanted to know who the prosecutor was and I told him it was Advocate Baloyi. Thereafter he, Mr Mjiyako and the accused had a discussion which gave rise to the need for a confession in front of a magistrate."

Gininda says following that discussion that they had, arrangements were then made for Ntanzi to make a second confession statement in front of a magistrate in the presence of his legal representative.

Gininda explains that Ntanzi did not distance himself from the confession he made before Colonel Raphadu and talks to confess before a magistrate happened with Mjiyako present. Gininda says the confession eventually happened.

"We looked at both confessions ( of Ntanzi) and extensive investigations began and I can say my Lord, 99.9 percent was corroborated," he said.

14: 12 - Ntanzi's bank statement contradicts his alibi

Baloyi refers Gininda to exhibit DD1 that contains Bongani Ntanzi’s bank statement.

Gininda: "That document also shows that his second alibi does not add up as it does not show any bank transactions on it.”

Gininda says he received a call on 23 June that there was a lawyer who wanted to represent Ntanzi.

“I don’t remember who the call came from but it’s the police who are in charge of the cells. This was also not unusual as we were under Covid-19 restrictions. This occurred at Pretoria Moot police station. The name of the lawyer is Ntokozo Mjiyako and I found him with the accused in the police holding cells," he says before confirming that it was Ntanzi who introduced him to Mjiyako.

14:10 - Court is back in session

13:00 - Court adjourns for lunch

12: 50 - Another false alibi

Gininda says that accused number two had given another false alibi pertaining to his whereabouts.

" I also forgot another alibi accused number two gave that he was in Nongoma and he used Capitec to withdraw money, it was found that it was not true. This is the second alibi which was found to be false of accused number two," he said.

12:20 - Accused number two made a confession

"As I was walking away I was called back and some members said accused two wants to speak to me. When I went back to him his utterances were tantamount to a confession. I warned him again and he said he just wants to tell the truth. I also establish he was also prepared to make a confession to an independent police officer," Gininda explained.

"Accused number two's utterances were made freely and voluntarily and without undue influence."

Gininda then further explained the sequence of events that followed.

"On 19 June 2020 I was informed by Sergeant Mogane that accused number two was taken to Colonel Raphadu. Raphadu was independent from this investigation and I never worked with him. The first time I saw his face was when I went to fetch the confession from him," he said.

Brig. Gininda tells the court that Bongani Ntanzi is still a person of interest in another case of murder in Nongoma.

"I was informed that he was arrested on the Nongoma murder case but I do know he was facing another matter in Vosloorus.  The Nongoma matter is still under investigation," he added.

12:05 - Gininda explains accused number two's arrest

Gininda: "Sergeant Mogane informed me of his arrest (Bongani Ntanzi) on 16 June 2020, I had the first interaction with him on 18 June 2020 in Carltonville. He was still in detention. I was introduced to him and I showed him my appointment card. After the warning, I established what he wanted to do. He said he wanted to speak to me without an attorney and didn't elect to remain silent."

Gininda says that when he told Ntanzi that he was a person of interest in the killing of Senzo Meyiwa, Ntanzi said that he was at work on 26 October 2014 the day of the incident. However, Gininda says upon making inquiries it was established he was not there (on 26 October 2014). He says that Ntanzi had left on 25 October 2014 after working for two hours. There was also no indication why he left at such short notice.

"His alibi was false and I confronted him with this information I also confronted him witn the sketch plan of two suspects entering the house. I asked him about the one wearing the hoodie, I informed him that it is suspected the one with the hoodie is him," Gininda said.

11:44 - Brigadier Gininda says accused number one agreed to doing the pointings out of the crime scene

Lead investigator, Brigadier Bongani Gininda, who heads the National Cold Case unit says on 4 June 2020, he approached accused number one at Valeria SAPS and asked him if he could do the pointings out of the crime scene and he agreed.

"It was 30 May 2020 when I met him in Vosloorus about his alleged involvement in the murder of Senzo Meyiwa and that's when he first said he would do the pointings out. Colonel Hadebe said he would assist with the pointings out on 5 June 2020 and the accused was kept at Alberton SAPS. Lieutenent colonel Hadebe was not privy to this case, he was not working on it and I had never worked with him before. I provided him with the case number and made sure there was a photographer who would be available. " Gininda said.

"On 5th June 2020 such pointings out was conducted and Lt Col Hadebe told me so. I also received the form and photos taken of the accused pointing out at the scene. The photo album was at a much later stage received by me but the pro forma I received a day or two later. I then went to Valeria SAPS and Alberton SAPS to get the copy of the occurrence book and attached to the docket. In those entries it was indicated the accused had no injuries when booked in and out, during regular cell visits, there were no complaints," he added.

Gininda says that even at Diepkloof police station nothing was untoward and that accused number one made a confession that he (Gininda) made further investigations to corroborate.

"As far as this matter is concerned, accused 1 was formally charged in October 2020," he revealed.

When Baloyi asked whether a warning statement was obtained from accused number one, Gininda responded : "yes, it was taken by me."

11: 42 - Court is back in session

11:15 - Court Ajourns for short tea break

Due to the fight that broke out in court on Monday, the accused are now required to be in the holding cells during breaks.

10:38 - More of the accused complain about handcuffs

Just as prosecutor, George Baloyi was continuing with Brigadier Gininda's testimony accused number three and accused number five, Mncube and Ntuli raised their hands to speak to their legal counsel.

Advocate Charles Mnisi who respresents accused number three says that his client is also complaining about the way he was handcuffed.

Accused number three rises and indicates that he is not feeling well and shows the bandage on his hand. Judge Mokgoathleng says he has already said what must be done and that he cannot comment on the matter.

Representative of accused number five, Bakwena Monyeki says that his client is also feeling uncomfortable with the way he is handcuffed.

10:32 - Advocate Mngomezulu issues out a complaint on behalf of his client

Defence lawyer, Adv. Thulani Mngomezulu who represents accused number two, Bongani Ntanzi appraoches the court and says that Mr Mulaudzi who transports him to prison had handcuffed him by his hands and accused him of fighting in court.

"My Lord, the only aspect that is relevant is the accusation of the official towards the accused because it arises from what happened yesterday and is not a normal course of bringing the accused before court," Mngomezulu said.

State prosecutor George Baloyi says that safety is important and that seargent Mulaudzi must have had a reason to handcuff the accused and should not be replaced. 

Judge Ratha Mokgoathleng says counsel should engage with the Department of Correctional Services on the issue and that he has no authority.

10:25 - Court proceedings begin

Court proceedings began late after all the legal teams met seperately outside the court. State prosecutor George Baloyi says there was a problem but does not state what the problem was.