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Court Bars Use of Co-Accused’s Statement to Question Defendant in Senzo Meyiwa Trial

The judge cited constitutional protections that limit cross-examination tactics in multi-accused proceedings.

Overview

  • Judge Ratha Mokgoatlheng ruled on Monday that prosecutors may not use Bongani Ntanzi’s statement to cross-examine co-accused Muzi Sibiya.
  • The Pretoria High Court decision referenced Section 9 on equality, Section 35[F] on fair-trial rights, and the Mhlongo precedent.
  • The court clarified that statements by accused one and two have not been classified as confessions or clear admissions of guilt.
  • State prosecutor Adv George Baloyi had sought permission for the tactic, which defence lawyers opposed as inadmissible against a co-accused.
  • The long-running case over the 2014 killing of Bafana Bafana goalkeeper Senzo Meyiwa continues, with Sibiya deemed fit to proceed after a brief health concern.