Battle over Kekana arrest evidence resumes in Cat Matlala trial

The Johannesburg High Court will resume a trial-within-a-trial over whether evidence gathered after the April 17, 2024 arrest of accused number one, Musa Kekana, can be admitted in the main trial of alleged cartel member Vusimuzi “Cat” Matlala.

What the hearing will decide

The hearing will determine whether statements and other material obtained during and after Kekana’s arrest are admissible in the main trial, according to IOL.

Police and private security testimony

The State is relying on the testimony of Captain Alfred Sekgobela, of the Tactical Response Team (TRT), to support earlier evidence given by private security officer Christiaan Frederick Shepherd. Sekgobela began testifying on Monday and is expected to continue explaining the events that led to Kekana’s arrest, which took place hours after the killing of Vereeniging engineer Armand Swart.

Shepherd told the court he was contacted to conduct surveillance on two vehicles allegedly linked to the Swart hit after police received information they would return to a Kew address. He said a white Hyundai i20 arrived at the property driven by a man he identified as Kekana, who was wearing a mustard-coloured top.

Identification challenged

The defence challenged Shepherd’s identification, noting that his police statements did not mention the driver’s facial features, build or other distinguishing characteristics. Shepherd testified he recognised Kekana by his face, bulky build and clothing, but the defence pointed to inconsistencies in how Shepherd described the clothing shifting from a shirt to a long-sleeved top and later to a tracksuit top.

“I agree,”

Shepherd said, while maintaining that the man who drove into the Kew property and the man who left minutes later were the same person and were wearing the same top.

Police account of the arrest

Sekgobela told the court he provided a vehicle registration number and a Kew address to private security operators and that one of them reported back within an hour that the vehicle had arrived. He said he travelled to the scene in a convoy of five vehicles.

“We were heavily armed,”

Sekgobela said.

He testified that the two men in the vehicle raised their hands and got out after being ordered to do so, that he searched them for weapons and then informed them they were under arrest. Sekgobela said he explained their rights, including the right to remain silent, the right to legal representation, the right to make a phone call and the right to challenge the lawfulness of their arrest.

“I think I explained all their constitutional rights,”

Sekgobela said, adding that the men acknowledged they understood them.

Defence account disputed

On Kekana’s instructions, defence advocate Rian Gissing told Shepherd that Kekana was not the driver of the Hyundai i20 and that Kekana had been at home when a tenant arrived in the vehicle, later leaving in Kekana’s Mercedes with another man. Shepherd rejected that version.

Charges and co-accused

Matlala and his four co-accused face 25 charges, including attempted murder, conspiracy to commit murder, fraud, money laundering and the illegal possession of prohibited firearms and ammunition. The charges relate to alleged attempts to murder businessman Joe “Ferrari” Sibanyoni and five others, media personality Tebogo Thobejane and three others, and musician DJ Vettys and two others.

Matlala is standing trial alongside alleged gunmen Musa Kekana and Tiego Floyd Mabusela, his wife Tsakani Matlala, and Nthabiseng Zandile Nzama. Nzama previously applied to be excused from proceedings when evidence unrelated to her case was heard so she could focus on completing her honours degree in commerce, but Judge Cassim Moosa dismissed the application.

Reporting note

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