A defence lawyer in the Senzo Meyiwa murder trial asked the lead investigator in the case whether he knew that Ntokozo Mjiyako, an attorney who represented one of the accused in the Magistrate’s court, was a former police officer.
This question was raised on Wednesday by advocate Zandile Mshololo who represents accused five, Sifisokuhle Ntuli.
On Wednesday, Brigadier Bongani Gininda told the High Court in Pretoria that he didn’t know Mjiyako until the murder accused were arrested, and added that he never worked with him while he was still part of SAPS.
Before switching careers, Mjiyako was a member of SAPS working in legal support roles in the transnational commercial crimes and crime intelligence unit between 2010 and 2016.
Gininda testified that when he was investigating the case, he part of the crime intelligence unit, Mshololo asked whether he knew that at some point, Mjiyako was also part of the unit.
“I wouldn't know. We didn't discuss that. We were not acquaintances and I never worked with him. If he was in the police, I certainly didn't come across him or interact with him on any matter.” replied Gininida.
Mjiyako represented accused number one, Sandiso Ntanzi when he appeared in the Boksburg Magistrate’s Court in 2020.
Mjiyako didn’t represent Ntanzi for long and withdrew his services due to none payment.
However, Ntanzi told the Magistrate that Mjiyako withdrew his services because he allegedly wanted him to plead guilty to Meyiwa’s murder.
According to Gininda, Ntanzi was still represented by Mjiyako when he allegedly made a confession statement before Magistrate Vivian Cronje shortly after his arrest in June 2020.
Cronje, who was also called to testify, said that Ntanzi told her that nobody assaulted him into making the confession.
Meanwhile, court interpreter Tsephiso Evelyn Motlhaping, who was the principal interpreter who was present for Ntanzi's confession, said the accused showed no signs of being assaulted and that he signed the confession statements in her presence.
She said Ntanzi wanted to speak.
“My overall impression looking at the demeanour of the suspect, he appeared as someone who really wanted to speak.
“When the rights were explained to him, his specifics words were ngifuna ukukhuluma, I really want to talk,” she said.
The confessions made by Ntandi and accused number two, Muzikawkhulelwa Sibiya, are currently the subject of a marathon trial-within-a-trial to determine whether the confessions were made freely and voluntarily.
Meyiwa was killed on October 26, 2014, while visiting his singer girlfriend Kelly Khumalo at her home in Vosloorus.
Five men — Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli are standing trial for his murder.
The trial continues on Thursday with a new witness.
IOL