Lawyer’s police links questioned
Legal expert says that the state should have called him to the stand in the Senzo Meyiwa trial
The discrediting of the alleged confessions in the Senzo Meyiwa trial, with the spectre of spooks being involved in supposedly forcing the accused into admitting to murdering the footballer in Vosloorus in 2014, is a never-ending saga prolonging the case.
This week, a source close to crime intelligence rubbished claims police intelligence had anything to do with eliciting confessions from the first two accused, Muzikawukhulelwa Sibiya and Bongani Ntanzi.
Last week, defence advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, told the Pretoria high court lawyer Ntokozo Mjiyako, who represented Ntanzi during his first court appearance in October 2020, was a member of the South African Police Service (SAPS) until 2016.
National police spokesperson Brigadier Athlenda Mathe confirmed that Mjiyako had been employed by the SAPS and was dishonourably discharged in 2016.
“At the time of his resignation, the SAPS had initiated disciplinary proceedings into allegations against him where he was a suspect in a robbery with a firearm case that was possibly linked to a truck hijacking.
“He resigned before the finalisation of the disciplinary case,” Mathe said.
The source told the Mail & Guardian it was no secret that Mjiyako had been part of crime intelligence but he had only met lead investigator Bongani Gininda when he was representing Ntanzi.
“The insinuation that somehow Mjiyako was involved with Gininda and his people is honestly nonsensical and the stuff he was doing at crime intelligence would not have linked him with Gininda in any way.”
But legal expert Elton Hart told the M&G there was no clear evidence that Mjiyako had completely relinquished his ties to crime intelligence.
“The fact that, while the trial within a trial is ongoing and the accused has clearly distanced himself from Mjiyako, why has the state not called his guy to testify?
“It would have been very simple to say, ‘During a certain period, did you get instruction from the accused to represent them?’” he said.
Hart added if Mjiyako agreed on the stand he had received instructions from Ntanzi, then most of the issues would have been resolved.
“If, yes, he had received instructions, then he should have produced the confirmation of instructions, consultation notes, and also disclosed who was paying him. So, the state clearly refrained from bringing this person to the stand until it had completed its case,” Hart said.
These are the anomalies the defence hopes to use to throw out the supposed confessions, which were allegedly made after Sibiya and Ntanzi, as their lawyers have claimed, were tortured.
The court is hearing a trial within a trial to gauge the admissibility of the alleged confessions.
Hart added the trial was dragging on longer than necessary, pointing to state prosecutor Ronnie Sibanda, who is standing in for advocate George Baloyi, prolonging the crossexamination of Sibiya. Sibanda is the state’s junior prosecutor.
“Sibanda is repeating question after question and, when the defence did that to state witnesses, [Judge Ratha Mokgoatlheng] would interfere and quickly say, ‘But the witness has answered that.’
“Also, every time [Mokgoatlheng] is challenged or an objection is raised, he wants to tell the defence about his 50 years of experience.”
On Wednesday, a spat erupted between the judge and Mshololo.
During cross-examination, Sibiya insisted his rights were not read during his arrest. He wanted to see the document he had put his fingerprints on, so he could see if it stipulated anything about his rights.
Sibanda handed him a statement deposed by the arresting officer, Sergeant Bathobakae Mogola, and Mokgoatlheng asked to be given the document to read into the record, as the state had no extra copies.
Mshololo accused the judge of being unfair. A furious Mokgoatlheng did not allow Mshololo to complete her statement and said she must not accuse him of “being a crook”.
“I have been on the bench for 20 years. I have practised as an attorney for 30 years and I have never been accused of being a crook. [George] Bizos and Mohammed trained me,” he said.
Mshololo replied: “I am also an experienced advocate. I have a right to stand up and defend the accused.”
The five accused — including Mthobisi Ncube and Mthokoziseni Maphisa — have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.