Meyiwa murder accused denies he appointed lawyer who represented him in earlier proceedings

Whether Bongani Sandiso Ntanzi gave a mandate to attorney Ntokozo Mjiyako to represent him when he first appeared in the Boksburg magistrate's court in 2020 for Senzo Meyiwa's murder has taken centre stage.

Ntanzi's lawyer, advocate Thulani Mngomezulu, on Thursday told the high court in Pretoria Ntanzi had on the first day tried to get the attention of the magistrate to tell him Mjiyako did not represent him, but his attempts failed.

Mjiyako is the lawyer who represented him when he allegedly made a confession before a magistrate and was part of a plea bargain process.

Mjiyako also came on the record representing Ntanzi at the first appearance, telling the court Ntanzi would not apply for bail.

Ntanzi, Muzikawukhulelwa Sibiya, Mthobisi Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa's murder. The footballer was shot dead at his then girlfriend Kelly Khumalo's mother's home in Vosloorus on October 26 2014. Also present in the house at the time were Khumalo's sister, her sister's boyfriend, their mother and two of Meyiwa's friends. 

The accused have pleaded not guilty.

As the court continued hearing the testimony of lead investigator Brig Bongani Gininda in the trial-within-a-trial, proceedings had to be halted as the defence asked for court records that will help indicate whether Ntanzi raised concerns about Mjiyako representing him at that first appearance. 

Mngomezulu intends to bring an application for the recording where Ntanzi allegedly raised his hand, stating he did not want the representation of Mjiyako. This, according to Mngomezulu, will prove Ntanzi was not legally represented by Mjiyako. 

He said he had a video which serves as proof and was still trying to make arrangements for it to be shown in court.

Mncube's counsel, advocate Charles Mnisi, also said he could not proceed with cross-examination without the records or the video.

Prosecutor George Baloyi objected to the video being introduced as evidence, saying there were court record from the proceedings and records made by the magistrate on the day.

However, records made by the magistrate read in court only indicate the accused refused to enter the dock and their rights were read and explained to them. The records stated the accused were not represented, except Ntanzi, who was represented by Mjiyako.

Mnisi said the magistrate's records were incomplete.

Mngomezulu said Ntanzi denies having instructed Mjiyako and signing a confession before a magistrate.

Ntanzi only recalls allegedly being assaulted at an industrial site and forced to sign a document.

Mngomezulu said Gininda allegedly offered Ntanzi a R3m bribe on June 21 2020 to implicate “the right people”.

However, Gininda disputed this, saying Ntanzi had freely and voluntarily confessed.

It is Gininda's version that Ntanzi, who was identified as the second intruder wearing a hoodie, implicated Khumalo in the murder.

Judge Ratha Mokgoatlheng postponed the matter overnight for the state to make arrangements for the records to be made available.

He indicated he was prepared to subpoena the magistrate who presided at the first appearance and the interpreter.

Mokgoatlheng has ordered all parties to prepare heads of argument on whether the video recording can be used as evidence

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