Judge blocks CCTV of Joe ‘Ferrari’ ambush until authenticity is proven

Judge Cassim Moosa ruled on Tuesday that CCTV footage of the scene where taxi boss Joe “Ferrari” Sibanyoni was allegedly ambushed cannot be played in the Johannesburg High Court until its authenticity is proven.

Objection sustained over possible tampering

The ruling came after defence teams for Vusimuzi “Cat” Matlala and his four co-accused objected when the state sought to introduce the footage through security guard Bethuel Mzamo Cele, who had just described the August 2022 shooting at the Centurion Golf Estate in his testimony.

Moosa said the objection was not about the footage itself but whether it had been doctored or subjected to artificial intelligence. He told the court,

“Their objection is sustained,”

and barred the video from being used until its authenticity is established.

Defence demands chain of custody and originals

State advocate Elize le Roux told the court she intended to introduce the footage under the Electronic Communications and Transactions Act, saying,

“This witness will confirm the video footage, and I believe that it is reliable and relevant and therefore admissible,”

but counsel for all five accused challenged that approach.

Advocate Riaan Gissing, for Musa Kekana, argued the state had to prove the footage’s authenticity beyond reasonable doubt and questioned where the recording originated, saying,

“No proper basis, in my respectful submission, has been made. I submit that we are not even certain where the video evidence originates from,”

and adding,

“No evidence has been adduced with regard to the downloading process.”

Other defence counsel made similar points. One argued,

“The issue is that there needs to be a proper basis laid first by the state in order to present this evidence,”

while Advocate Annelene van der Heever, for Matlala and his wife, said,

“It is improper for the state to try and introduce evidence without laying a proper basis. Not only introducing it, but proving the evidence as such,”

and urged the court that the state must show the original footage and the chain of custody:

“They must establish to this honourable court that there is original footage because, in terms of the constitution, we are entitled to examine the original footage,”

she said.

State points to private security source

The court heard the footage originated from private security company Bidvest Protea Coin, with witnesses listed to testify about its handling, including a Venter, a Greyling described as the custodian of the evidence, and an Olivier expected to testify later in the trial.

Moosa sustained the defence objection to leading Cele with the unauthenticated footage. Le Roux said the state was not abandoning the video, and Cele’s questioning was closed for the time being before cross-examination began.

Courtroom scenes and Cele’s testimony

During proceedings Cele, testifying in isiZulu through an interpreter, became emotional as he recounted the night of 10 August 2022. He told the court a red Ferrari arrived that night, followed by a white Golf 7, and later a white BMW that paused and returned. Two men then emerged and drew AK-47s, he said, and one of the first bullets narrowly missed him.

Cele said he pulled a colleague to safety, returned fire with his own pistol and wounded one attacker, and that he fired 15 shots in the exchange. He told the court,

“It was a bad situation, almost like war. Even I wished I had an AK-47 that day,”

and said one of the gunmen shouted

“die, you dog”

as they fired at the occupants of the parked vehicle.

Charges and trial status

The shooting Cele described relates to the state’s allegation that Matlala masterminded an attempted hit on Sibanyoni. The state says Matlala is accused of ordering three shootings between August 2022 and January 2024.

Matlala, his co-accused Musa Kekana and Tiego Floyd Mabusela, Matlala’s wife Tsakani, and Nthabiseng Zandile Nzama all pleaded not guilty on Monday to the 25 counts they face. Charges include conspiracy to commit murder, attempted murder, money laundering, fraud and the illegal possession of prohibited firearms and ammunition. The trial continues with Cele under cross-examination.