Matlala Trial | Court allows State to use Kekana’s hospital notes in cross-examination

The Johannesburg High Court has cleared the State to use disputed hospital records to challenge Musa Kekana’s credibility, rejecting a defence objection that the notes amounted to inadmissible hearsay.

The ruling came as Kekana faced sustained cross-examination over his account of his April 2024 arrest, including allegations that police suffocated him with a plastic bag and restrained him with a belt.

Presiding Judge, Cassim Moosa, ruled on Wednesday that the defence had introduced the medical records as part of Exhibit N without qualification and could not now seek to exclude portions of the same bundle.

The dispute centred on page 51 of the exhibit, which contains medical notes recording statements attributed to Kekana.

Defence counsel argued that the State could not rely on unproven statements made to medical practitioners without calling those doctors to testify, particularly where the statements related to collateral issues.

Judge Moosa rejected that argument, finding that statements attributed to Kekana himself could be used as original evidence to test his credibility and did not amount to hearsay.

“Our law does not permit a litigant to approbate and reprobate. That means to invoke the benefit of a piece of evidence for one purpose while disowning its evidentiary character the moment it becomes forensically inconvenient.”

The ruling allows State Prosecutor, Elize Le Roux, to continue questioning Kekana about information contained in the medical records.

The development forms part of a trial-within-a-trial, in which the court is determining whether evidence obtained during Kekana’s arrest can be admitted in the main attempted-murder case.

Kekana has denied that he knowingly incriminated himself during his arrest, saying he was confused and under severe distress after police allegedly suffocated him with a Courier Guy plastic bag.

He told the court that he may have agreed with questions put to him by Captain, Phimi Sekgobela, because he was afraid.

The State has also challenged his account of how he was restrained, questioning whether a brown leather belt measuring about 120 centimetres could have been used to tie his hands and feet behind his back.

Kekana disputed the suggestion, explaining that his ankles were pulled back towards his hands.

The State has further confronted him with discrepancies between his testimony and his bail affidavit.

Kekana attributed errors in the affidavit to his former lawyer, saying he had raised concerns after noticing differences in the document.

His cross-examination is expected to continue on Thursday as the State tests his version of events surrounding the arrest and the circumstances under which the disputed evidence was obtained.

Kekana is accused alongside alleged underworld figure, Vusimuzi “Cat” Matlala and three other co-accused, in the attempted-murder trial.

They face 25 charges, including attempted murder, fraud and money laundering, and have pleaded not guilty.

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

Written by: Lebohang Ndashe