High Court admits 2024 bail affidavit in Cat Matlala trial

The Gauteng High Court in Johannesburg has ruled that a 2024 bail affidavit by accused Musa Kekana is admissible in the ongoing trial of Vusimuzi ‘Cat’ Matlala. Judge Ismail Cassim Moosa delivered the ruling on 8 September 2026, after a trial-within-a-trial over evidence obtained following Kekana’s arrest.

What the court decided

Moosa found that the affidavit filed by Kekana during his 2024 bail application may be used in the Matlala trial. The affidavit arises from Kekana’s arrest on 17 April 2024 in Johannesburg, hours after the fatal shooting of engineer Armand Swart, and the State sought to admit cellphone records and statements linked to that arrest.

The judge concluded that Kekana had been warned during his bail proceedings that statements made in those proceedings could later be relied upon. Moosa said the magistrate, Mr Chris Kruger, had given that warning and referenced relevant case law and section 60(11B)(c) of the Criminal Procedure Act in his judgment.

Defence objection and State’s position

Kekana’s defence argued he had not been warned that the bail affidavit could be used in the Matlala trial, but the court overruled that objection. The State told the court the affidavit contained inconsistencies and sought to rely on it within the trial-within-a-trial.

Charges and accused

Kekana is on trial alongside Vusimuzi ‘Cat’ Matlala, Matlala’s wife Tsakane Matlala, Tiego Floyd Mabusela and Nthabiseng Zandile Nzama. The five face 25 charges, including attempted murder, conspiracy to commit murder, fraud, money laundering and the illegal possession of firearms and ammunition. The charges relate to a series of alleged failed hit attempts between 2022 and 2024.

Among the incidents cited by the State are an alleged plot targeting taxi boss Joe “Ferrari” Sibanyoni, an attempt on Matlala’s ex-partner Tebogo Thobejane, and a case involving music producer Seunkie “DJ Vettys” Mokubung. All five accused have pleaded not guilty.

Postponement and new material

The trial was postponed to 10 September after State prosecutor Elize Le Roux asked for more time to consider new material the defence handed the previous evening. The defence provided an almost 100-page bundle of automatic vehicle location (AVL) records showing movements of the vehicles used by the police officers who arrested Kekana.

Le Roux told the court:

“What sits uncomfortably with the state here is that this was provided yesterday to us just shortly before I indicated that I am close to closing the state’s case on the trial-within-a-trial.”

She added:

“To dump this bundle of documents on the state the day before the defence plans to call this witness apparently is most unfair.”

What happens next

The trial remains ongoing. Further evidence and witness testimony are yet to be heard as proceedings continue.