Sibiya, Ntanzi confessed voluntarily – court rules

The Pretoria high court has ruled that the confessions made by accused Muzi Sibiya and Bongani Ntanzi in the Senzo Meyiwa murder trial, are admissible. 

Judge Ratha Mokgoatlheng told the court on Thursday morning that he carefully analysed all the evidence that both the state and the defence led in court in the trial within a trial.  

“I have dealt with all the evidence relating to whether the said confessions were made free and voluntarily, in the sound and sober senses of the deponents, without any force or cohesion.”

“This court rules that the confession made by accused No 1 [Sibiya] was made freely and voluntarily without any cohesion when accused number one was in his firm, sober senses. 

“Two, the confession made by accused number [Ntanzi], the confession taken by magistrate Cronje, was made freely and voluntarily without any cohesion when accused No 2 was in his full and sober senses, and the confession made before Lt-Col Solomon Raphudi was made in the accused sober senses.”

He added that the pointing out confession made by Ntanzi is admissible.

“The pointing out made by accused No   1 before Col Radebe were also made freely and voluntarily without any cohesion, and the accused was in his free and sober senses. 

Meyiwa was shot at his then girlfriend’s home, Kelly Khumalo, during an alleged robbery in October 2014.

Five men were arrested in 2020 and charged with the murder of Meyiwa. Other suspects are Mthokoziseni Maphisa, Mthobisi Mncube, and Fisokuhle Ntuli.

It is alleged that Sibiya made the confession to Col Mhlanganyelwa Mbothe after his arrest in May 2020. 

However, Sibiya claimed that he was tortured and assaulted to make the pointing out and sign the alleged confession.

Meanwhile, Ntanzi was arrested in June 2020. He also claimed to have been electrocuted and tortured to make a confession. 

The defence argued that the accused did not make the confessions they were forced to sign without their knowledge.

The court previously heard that the two had confessed to knowing the circumstances of football star Meyiwa's murder. However, a trial-within-a-trial was triggered after they claimed they were forced to do so after being beaten by the police.