Judge Ratha Mokgoatlheng has ruled that the audio recording of Bongani Ntanzi's confession is inadmissible and that the court will not consider it or listen to it. Mokgaotlheng who is presiding over the Senzo Meyiwa trial said Ntanzi's right to a fair trial was infringed upon when Magistrate Vivienne Cronje recorded him without his knowledge. 

Handing down his judgement in the trial-within-trial yesterday, Judge Mokgoathleng said the rights of accused number two were infringed by the making of the audio recording by Magistrate Cronje. The judge added that the court is enjoined to declare evidence acquired unlawfully to be inadmissible. "If this court allowed such an egregious flouting of accused Constitutional rights, it would not be in the interest of justice to do so. He would continuously be submitted to a trial unfairly. That would bring the administration of justice into disrepute. This court rules that the audio recording is inadmissible," Mokgoatlheng said, adding that dismissing the recording did not mean the written proforma confession document was also inadmissible.

The defence of five accused had previously argued that the court should not consider the recording nor listen to it as it was made unlawfully. Ntanzi's defence Thulani Mngomezulu insisted that no rights were explained to the accused before the three-hour audio recording was made. "How was the recording taken? It was only the person who was taking it that knew that it was being taken. And it is my submission because of that it should be excluded because the accused's right was infringed." Mngomezulu quoted Section 35 (5) of the Constitution on the procurement of evidence which reads: "Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice. If there were no issues with the pro forma, surely, there would be no need to introduce the recording." The trial resumes on Monday.