Tempers flared in the Johannesburg High Court on Wednesday when state witness Mzamo Cele repeatedly clashed with defence lawyers during cross-examination.
This pushed Judge Cassim Moosa to intervene and remind him that he was there to answer questions, not challenge the defence’s strategy.
The heated exchanges unfolded during the murder trial linked to the attempted killing of businessman Joe Sibanyoni, with defence counsel pressing Cele on his evidence and his relationship with one of the alleged victims.
‘I am tired, my lord’
Earlier, visibly frustrated by repeated questioning from Adv Nardus Grovè, who represents the second accused, Tiego Mabusela, Cele told the court: “I am tired, my lord. We don’t seem to be getting anywhere with this. This person is desperate.”
He continued: “Don’t be too desperate, my friend. Or perhaps my son was trying to protect the client, but I am tired.”
Cele said this as Grovè continued to test his evidence, putting it to him that one of the complainants, Mr Sibanyoni, had been shot twice in the stomach.
“Sir, I am putting it to you that Mr Sibanyoni was shot twice in his stomach. I am not asking you, I am telling you,” said Grovè.
“I do not know that. Maybe you have that information, but I do not know. I am not a doctor,” Cele responded.
Complaint about Cele’s conduct
Adv Anneline van den Heever, representing accused number three, Vusimuzi Matlala, interrupted proceedings to complain about Cele’s conduct in the witness box.
“My lord, I have to raise this. This witness has been giving us a hard time. He doesn’t give direct answers, or he asks us questions, which is not allowed because he is here to give testimony and answer questions, not pose questions,” said Van den Heever.
Judge Moosa agreed that cross-examination could be frustrating but reminded Cele that the process had to run its course.
“You may probably get frustrated by the same question. It’s maybe because you didn’t give a clear answer and so they change the way they asked. You must trust this strategy and continue answering,” Moosa said.
Cele agreed to continue.
The cross-examination then shifted to Cele’s employment as Grovè told the court that Cele worked for Sibanyoni.
“How did you know that? How did you get into my records?” Cele asked.
But Grovè persisted, stating that Cele was an employee of Sibanyoni.
“I work for him through another company. I am not being paid by him,” Cele responded.
Grovè also questioned Cele about the shooting, asking whether it was possible for someone struck by bullets fired from an AK-47 rifle to survive.
“Is there a possibility that Mr Sibanyoni was shot by your gun?” Grovè asked.
“That is not possible. A 9mm pistol is not as powerful to even penetrate the door of a car. If my sin was to try and protect a client then so be it,” Cele replied.
READ MORE: Gunfire, fear, courtroom clashes mark dramatic start to Cat Matlala attempted murder trial
- State witness Mzamo Cele clashed repeatedly with defense lawyers during cross-examination in the Johannesburg High Court murder trial.
- Judge Cassim Moosa intervened, reminding Cele to answer questions calmly and not challenge the defense's strategy.
- Cele expressed frustration, saying he was tired of the repeated questioning by defense attorney Adv Nardus Grovè.
- Defense lawyers complained about Cele’s evasiveness and tendency to ask questions rather than give direct answers.
- The cross-examination focused on Cele’s connection to victim Joe Sibanyoni and the possibility of a 9mm gunshot being lethal or linked to the shooting.
