Matlala Trial | Kekana’s bail affidavit admitted as evidence as trial hits fresh delay

The Johannesburg High Court has ruled that, Musa Kekana’s, bail affidavit can be admitted as evidence in the trial-within-a-trial involving alleged underworld figure, Vusimuzi “Cat” Matlala, and his co-accused.

Judge Cassim Moosa found that Kekana had been adequately warned that evidence given during his bail application in connection with the murder of engineer, Armand Swart, could be used against him in subsequent proceedings.

The ruling clears a major hurdle for the State, which wants to rely on statements made by Kekana during his 2024 bail proceedings.

The defence had challenged the admissibility of the affidavit, arguing that Kekana should have been specifically warned that the contents of his sworn statement could later be used against him at trial.

But Judge Moosa rejected that argument, finding that the warning did not have to specifically refer to an affidavit.

The State argues that statements contained in Kekana’s bail application are contradictory and could bolster its case in the trial-within-a-trial, which is examining the circumstances surrounding his arrest and the admissibility of evidence obtained thereafter.

Kekana was arrested alongside, Michael Pule Tau, and businessman, Katiso “KT” Molefe, in connection with the murder of engineer, Armand Swart. He is also facing a separate case relating to the alleged attempted murders of three people in shooting incidents between 2022 and 2024.

The ruling came as proceedings were again disrupted by a dispute over the late disclosure of police vehicle tracking records.

The State asked for a two-day postponement to study nearly 100 pages of newly disclosed tracking reports detailing the movements of police vehicles involved in Kekana’s arrest.

Prosecutor, Elize Le Roux, told the court that the State needed time to analyse 15 police vehicle tracking reports, verify locations and consult potential witnesses before deciding whether to close its case.

The defence strongly opposed the postponement, arguing that the tracking data was objective evidence that should already have been in the State’s possession.

Judge Moosa ultimately granted the State’s request, with the matter postponed until Thursday.

The delay was followed by another confrontation outside court involving defence lawyers and members of the Political Killings Task Team.

After the adjournment, the defence was supposed to consult with the accused, but police officers escorted the accused away prematurely, prompting a dispute in the court corridors.

The judge later reprimanded both sides over the confrontation.

Matlala, his wife Tsakani Matlala, alleged hitman Musa Kekana, Tiego Floyd Mabusela and Nthabiseng Nzama face 25 charges, including attempted murder, conspiracy, fraud and money laundering. They have all pleaded not guilty.

The charges relate to alleged hit plots targeting socialite, Tebogo Thobejane, businessman, Joe Sibanyoni and music producer, Seunkie ‘DJ Vettys’ Mokubung.

The trial-within-a-trial will resume on Thursday, with the State now able to rely on Kekana’s bail affidavit as part of the evidence before the court.

Written by: Lebohang Ndashe