The trial-within-a-trial in the case against Vusimuzi “Cat” Matlala and his co-accused is continuing in the Johannesburg High Court on Friday, with Sergeant Mayisela Ledwaba taking the stand for the State.
Ledwaba is giving evidence about the arrest of alleged hitman Musa Kekana, whose arrest is at the centre of the trial-within-a-trial.
The State is using its evidence to deal with the circumstances surrounding Kekana’s arrest and what happened during the police operation. The evidence comes as the defence continues to challenge the legality of the arrest and the evidence that was allegedly obtained afterwards.
Kekana has claimed that he was assaulted and suffocated by police during his arrest. He has also challenged the evidence that the State wants to use against him, including firearms and ammunition allegedly recovered after his arrest.
The court is therefore considering whether the evidence was obtained lawfully. If Judge Cassim Moosa finds that it was not, the defence could argue that it should be excluded from the main trial.
Ledwaba’s evidence follows several days of testimony in which the defence has questioned the police version of Kekana’s arrest and the movements of officers involved in the operation.
The State had asked for time to study new vehicle-tracking records before continuing with its evidence. The court granted the request and the matter was postponed to Friday for further State evidence.
The trial-within-a-trial is separate from the question of whether Matlala and his co-accused are guilty of the charges they face. It focuses specifically on whether evidence related to Kekana’s arrest can be admitted in the main case.
Matlala, his wife Tsakane Matlala, Kekana, Tiego Floyd Mabusela and Nthabiseng Nzama are facing 25 charges. These include attempted murder, conspiracy to commit murder, fraud and money laundering. All five have pleaded not guilty.
The case includes allegations relating to the attempted murder of Matlala’s former partner, actress Tebogo Thobejane, as well as alleged plots involving taxi boss Joe “Ferrari” Sibanyoni and music producer Seunkie “DJ Vettys” Mokubung.
For the State, Ledwaba’s evidence is an opportunity to provide the court with another account of what happened during Kekana’s arrest. For the defence, the evidence remains part of its broader challenge to the police version and the circumstances in which evidence was obtained.
The proceedings are continuing in the Johannesburg High Court.