Matlala trial | Captain defends Kekana arrest as legality of police operation remains under scrutiny

The State’s third witness has defended every key step taken during the arrest of accused, Musa Kekana, telling the Johannesburg High Court that police respected his constitutional rights, protected the identity of a confidential source and even called an ambulance after he began coughing up blood during the operation.

The evidence on Tuesday was led by Tactical Response Team Captain, Phimi Sekgobela, as the trial-within-a-trial in the attempted murder case involving alleged underworld figure, Vusimuzi ‘Cat’ Matlala, continued.

The court is currently hearing arguments on whether evidence obtained during Kekana’s April 2024 arrest can be admitted in the main trial.

Matlala, Kekana and their three co-accused have pleaded not guilty to 25 charges, including attempted murder, conspiracy to commit murder, fraud and money laundering, linked to three alleged attempted murder plots targeting actress Tebogo Thobejane, taxi boss Joe “Ferrari” Sibanyoni, and music producer Seunkie “DJ Vettys” Mokubung.

Sekgobela testified that shortly after Kekana was arrested at his Bramley home, officers noticed that he was repeatedly coughing and wiping blood onto his jersey. Police asked whether he was taking medication, gave him a towel and called an ambulance to the scene.

According to Sekgobela, paramedics treated Kekana with oxygen inside the ambulance for between 20 and 30 minutes before he briefly got out to stretch his legs. He later left the scene in the ambulance for further medical assessment.

The captain also defended the intelligence-led operation that resulted in the arrests.

Under cross-examination by defence advocate, Riaan Gissing, Sekgobela said the initial information about a white Hyundai i20 and a silver Mercedes linked to the investigation came through a police radio broadcast while he was travelling from OR Tambo International Airport to the provincial police headquarters.

He told the court he then contacted a confidential source for additional information before sharing the intelligence with private security officer, Jaco Sheppard, and other law enforcement teams involved in the operation.

Sekgobela resisted repeated attempts by the defence to reveal the source’s identity or confirm whether the person was a police informant.

He also acknowledged that he could no longer remember whether the address supplied in the intelligence referred to Fifth Avenue, Fifth Road or Fifth Street, saying he recalled only the house number because the events occurred more than two years ago.

The captain further defended the manner in which Kekana’s constitutional rights were explained after his arrest.

He testified that he verbally informed Kekana of his right to remain silent, to legal representation and to challenge his arrest immediately after placing him under arrest.

The defence questioned why the SAPS 14A Notice of Rights reflected that the rights were explained later that evening.

Sekgobela rejected suggestions that his testimony conflicted with the official police documents, insisting the verbal explanation at the arrest scene and the later completion of the paperwork formed two separate stages of the arrest process.

The trial-within-a-trial follows earlier evidence from Sheppard and will determine whether police acted lawfully when arresting Kekana and co-accused, Michael Pule Tau, in connection with the murder of Armand Swart in Vereeniging. If the court finds the arrest was lawful, the disputed evidence may be admitted when the main trial resumes.

Written by: Lebohang Ndashe