Matlala trial | Defence escalates challenge to Kekana’s arrest

The defence in the attempted murder trial of alleged underworld figure, Vusimuzi “Cat” Matlala, intensified its challenge to the State’s case on Wednesday, questioning the legality of accused number one, Musa Kekana’s arrest, seeking additional police documents and introducing a change in legal representation for one of the accused.

Proceedings in the Johannesburg High Court were dominated by the ongoing trial-within-a-trial, which will determine whether evidence obtained during Kekana’s April 2024 arrest can be admitted in the main trial.

Tactical Response Team Captain, Phimi Sekgobela, spent a third day under cross-examination, with advocate Riaan Gissing, representing Kekana, arguing that police had sufficient time to obtain a search warrant before searching a Bramley property linked to his client.

Sekgobela defended the operation, telling the court that officers had limited manpower and were acting urgently to prevent suspects travelling in a Mercedes-Benz from removing or destroying potential evidence.

He said police only moved in after surveillance confirmed the arrival of a Hyundai i20 linked to intelligence received by investigators.

The defence also extensively questioned Sekgobela about the legal requirements for obtaining a search warrant and whether police complied with constitutional safeguards during the operation.

Later in the day, Matlala’s lawyer, Advocate Anneline van der Heever, applied for additional documents to be disclosed, arguing that they were necessary to properly test Sekgobela’s evidence during the trial-within-a-trial.

The court is expected to receive the requested documents before Sekgobela’s cross-examination resumes.

The day’s proceedings also saw a change in legal representation for accused number five, Nthabiseng Nzama. The court granted Advocate Timothy Chauke leave to withdraw after he informed the court that he no longer had financial instructions to continue representing her.

To avoid delays in the trial, Advocate Nardus Grové, who already represents Nzama’s father and co-accused, Tiego Floyd Mabusela, confirmed that he had been instructed to represent both accused. After questioning both Mabusela and Nzama, the court ruled that the new arrangement would not prejudice the proceedings.

The trial-within-a-trial is expected to continue on Thursday, with Captain Sekgobela remaining in the witness box.

Matlala and his four co-accused face 25 charges, including attempted murder, fraud and money laundering, linked to three alleged attempted murder plots between 2022 and 2024, targeting actress Tebogo Thobejane, taxi boss Joe “Ferrari” Sibanyoni, and music producer Seunkie “DJ Vettys” Mokubung.

Written by: Lebohang Ndashe