Meyiwa trial: Lead investigator and defence set to battle out law interpretation

Advocate Thulani Mngomezulu, the lawyer for murder accused Bongani Ntanzi, during cross-examination of a witness in the Senzo Meyiwa murder trial on 22 November 2023.

TSHWANE – The lead investigator in the Senzo Meyiwa trial and a lawyer for two of the accused are set to battle out the interpretation of law around confession statements on Thursday morning.

On Wednesday, the lead investigator in this case, Brigadier Bongani Gininda, returned to the witness stand for cross-examination.

He has denied all claims against him on his alleged involvement in the assault of the accused.

He has also insisted that the taking down of confession statements by two of the accused was above board.

READ: Meyiwa: Tension flares between judge, defence lawyer over cross-examination

When proceedings came to a halt on Wednesday, counsel for the first two accused, Advocate Thulani Mngomezulu, and Gininda could not agree on the application of Section 219 of the Criminal Procedure Act.

In a single sentence, the section stipulates that the confession of one person cannot not be used as evidence against another, and adds nothing else.

But Mngomezulu has sought to apply this law in an unconventional way.

“There are safety measures that are provided by Section 219 to say that confession, if it comes to your attention being a Brigadier, to say what he is telling me is also involving other people in that confession. Do you understand?” asked Mngomezulu.

“I understand but I don’t agree with the assertion counsel is telling me,” Gininda replied.

Mngomezulu told the court that he would continue to pursue this point on Thursday morning.

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