Whilst Magistrate Vivian Cronje stood by for cross examination, state prosecutor advocate George Baloyi presented the head of arguments on the admissibility of the recording of the alleged confession by accused 2, Bongani Ntanzi. Baloyi told the court that so far, no one has come forward to say the recording of the alleged confession is fake.

Baloyi insisted that Ntanzi's privacy had not been infringed on because he was recorded while speaking. "We submit that the recording is an electronic version of what the accused was telling the magistrate. There's no room to say his privacy was infringed. He was in front of the magistrate, telling her, and all she did was to keep a record. The accused was on his own volution telling the magistrate who used a laptop which is still available," he said. Baloyi said in order for the court to understand his stance, the recording needs to be played and the court cannot rule on the matter without listening to the recording.

Ntanzi's defence Advocate Thulani Mngomezulu said it is their submission that the court can come to a decision without having listened to the evidence. He insisted that no rights were explained to the accused and his rights were infringed. "How was the recording taken? It was only the person who was taking it that knew that it was being taken. It is my submission 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." He said the court does not need to listen to the recording to come to any conclusion because there is already enough evidence before it to decide on the matter. The ruling on the matter will be made today when the trial resumes.