Witness’s memory tested as court blocks CCTV evidence in Matlala trial

The credibility of the State’s first witness in the trial of alleged underworld kingpin, Vusimuzi “Cat” Matlala, came under intense scrutiny on Tuesday, as the Johannesburg High Court refused to allow CCTV footage to be played, until it is properly authenticated.

Defence lawyers also challenged the witness’s recollection of key details surrounding the 2022 attempted murder of taxi boss, Joe “Ferrari” Sibanyoni.

Security guard, Bethwell Cele, spent hours in the witness box recounting the August 2022 ambush outside the Centurion Golf Estate, where he said heavily armed gunmen wielding AK-47 rifles opened fire on Sibanyoni’s convoy before fleeing after an exchange of gunfire.

Cele testified that he was on duty outside the estate when Sibanyoni arrived in a red Ferrari, followed by a Volkswagen Golf 7. Moments later, he said, a white BMW pulled up nearby and several armed men got out before opening fire on the vehicles.

The security guard told the court he took cover behind a tree and a concrete planter before drawing his service pistol and firing five shots at the attackers.

The focus of the proceedings later shifted from the shooting itself to a legal dispute over CCTV footage the State sought to introduce during Cele’s testimony.

Defence lawyers objected, arguing the footage had not yet been authenticated and that the State had failed to establish its origin, integrity and chain of custody.

Judge Cassim Moosa upheld the objection, ruling that the footage cannot be played until the State calls witnesses capable of verifying its authenticity.

The State indicated it intends calling the custodian of the footage and other witnesses later in the trial to explain how the video was obtained, preserved and handled before seeking its admission into evidence.

Cross-examination also focused heavily on Cele’s recollection of events. Counsel for accused number one, Musa Kekana, Advocate Rian Gissing, repeatedly questioned the witness about the exact time the shooting occurred, referring him to three statements he made to police after the incident.

Gissing argued that one of the statements recorded the time of the attack, but Cele maintained he would not commit himself to a specific time unless he could remember it accurately.

Proceedings were briefly interrupted by a separate dispute over an isiZulu phrase used by Cele during cross-examination. Defence counsel argued the expression, coupled with the witness’s tone, was disrespectful, prompting Judge Moosa to seek clarification from the court interpreter.

The interpreter explained that the phrase translated to, “It’s none of my business,” and was not inherently derogatory, with its meaning depending on the context in which it was used.

Judge Moosa ruled that no offensive language had been placed on record and found that the defence’s concern related more to the witness’s tone than to the words themselves, allowing cross-examination to continue.

Matlala and his four co-accused have pleaded not guilty to 25 charges, including attempted murder, fraud and money laundering, linked to three alleged hit plots targeting Sibanyoni, actress Tebogo Thobejane and music producer, Seun Mokubung, popularly known as DJ Vettys.

The trial continues in the Johannesburg High Court on Wednesday.

Written by: Lebohang Ndashe