The trial of alleged Big Five cartel figure and controversial businessman Vusimuzi “Cat” Matlala and his four co-accused officially got underway in the Gauteng South High Court on Monday, with all five accused pleading not guilty to 25 charges linked to three alleged attempted assassination plots.
The accused, Musa Kekana, Tiego Floyd Mabusela, Matlala and his wife Tsakani Matlala and Zandile Nthabiseng Nzama, are accused of involvement in separate alleged attempts on the lives of media personality Tebogo Thobejane, taxi boss and alleged extortionist Joe Sibanyoni and music producer Seunkie Mokubung, popularly known as DJ Vettys.
3 counts of conspiracy to commit murder, 11 counts of attempted murder
According to the indictment, the charges include three counts of conspiracy to commit murder, 11 counts of attempted murder, three counts relating to the unlawful possession of firearms, three counts of unlawful possession of ammunition, four counts of money laundering in contravention of the Prevention of Organised Crime Act (POCA), and one count of fraud, alternatively defeating or obstructing the administration of justice.
Before the trial commenced, Judge Cassim Moosa delivered a ruling on an application by counsel for accused number one seeking an amendment to the trial schedule.
Counsel for the Matlalas opposed the application, arguing that the matter should proceed uninterrupted in line with an earlier case management directive. Counsel for accused number five did not oppose the application and abided by the court’s decision, while the state also indicated that it did not object to the postponement.
In his ruling, Moosa said the court had insisted on dealing with the application at the outset to avoid interrupting the trial with interlocutory issues once evidence had begun. Although he acknowledged that the original case management order envisaged an uninterrupted trial, he said the trial court was duty-bound to balance the accused’s constitutional rights to a fair and speedy trial with the practical management of the proceedings.
The judge found that none of the parties would suffer prejudice if the application were granted, noting that the revised timetable would still provide virtually all of the 30 court days originally allocated for the trial.
Trial to continue uninterrupted
Moosa ordered that the trial commence on July 20 and continue uninterrupted until August 7. The matter will then adjourn from August 11 to August 28 before resuming on August 31 and continuing uninterrupted until September 18.
During the plea proceedings, the State successfully applied for a minor amendment to the indictment. The amendment related to Count 17, where the word “receipt” was inserted after the word “invoice”. Counsel for all five accused did not oppose the amendment, and the court granted the application before the plea proceedings continued.
The indictment was then read into the record before each of the accused formally entered pleas of not guilty to all 25 charges.
After the pleas were entered, Moosa addressed the accused directly, urging them to actively participate in their own defence throughout the trial. He reminded them that, should they be convicted on certain charges, the State intended asking the court to invoke the provisions of the Criminal Law Amendment Act, commonly known as the Minimum Sentences Act, during sentencing.
“I do not want you to sit in the dock and contemplate life. I want you to take an active part in your defence during the course of this trial,” Moosa told the accused.
To ensure they could meaningfully participate, the judge directed that each accused be provided with writing material to make notes while witnesses testify. He said they would be given an opportunity to consult with their legal representatives after each witness had completed giving evidence and been cross-examined, allowing them to raise issues or identify areas they wished their lawyers to pursue.
Moosa said the arrangement would minimise unnecessary interruptions during proceedings while safeguarding the accused’s constitutional right to challenge the State’s evidence.
‘This is your trial, it is your duty to ensure you participate’
“This is your trial. It is your duty to ensure that you participate. It doesn’t mean that you are sitting in the dock as though you are in a movie house just watching what is happening,” he said.
He further assured the accused that should any urgent issue arise during the proceedings, they were free to raise their hands and draw the court’s attention to it at any stage.
Emphasising the seriousness of the matter, Moosa told the accused that the consequences of a conviction could be severe, with some charges carrying the possibility of life imprisonment and others attracting lengthy prison terms. He stressed that the court would jealously guard their constitutional rights to a fair and speedy trial while ensuring they had every opportunity to challenge the evidence presented against them.
The state alleges the accused acted together in planning and executing the three alleged attempted assassination plots, with financial transactions forming part of the alleged conspiracy. Prosecutors also intend relying on firearms, ammunition, forensic evidence and financial records as part of the state’s case.
The state is expected to begin leading evidence on Tuesday, when its first witness is scheduled to take the stand.
- The trial of Vusimuzi “Cat” Matlala and four co-accused started in Gauteng South High Court, with all pleading not guilty to 25 charges related to three alleged assassination attempts.
- Charges include conspiracy to commit murder, attempted murder, illegal firearm possession, money laundering, and fraud, involving media and taxi personalities and a music producer.
- Judge Cassim Moosa granted a revised trial schedule, balancing a fair trial and uninterrupted proceedings, setting dates from July 20 to September 18 with a break in between.
- The court emphasized the accused’s active participation in their defense, providing them writing materials to take notes and consult counsel after witness testimonies.
- Prosecutors will present evidence including firearms, forensic and financial records, with the state’s first witness scheduled for testimony on Tuesday.
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Before the trial commenced, Judge Cassim Moosa delivered a ruling on an application by counsel for accused number one seeking an amendment to the trial schedule.
Counsel for the Matlalas opposed the application, arguing that the matter should proceed uninterrupted in line with an earlier case management directive. Counsel for accused number five did not oppose the application and abided by the court’s decision, while the state also indicated that it did not object to the postponement.
In his ruling, Moosa said the court had insisted on dealing with the application at the outset to avoid interrupting the trial with interlocutory issues once evidence had begun. Although he acknowledged that the original case management order envisaged an uninterrupted trial, he said the trial court was duty-bound to balance the accused’s constitutional rights to a fair and speedy trial with the practical management of the proceedings.
Moosa ordered that the trial commence on July 20 and continue uninterrupted until August 7. The September 18.
After the pleas were entered, Moosa addressed the accused directly, urging them to actively participate in their own defence throughout the trial. He reminded them that, should they be convicted on certain charges, the State intended asking the court to invoke the provisions of the Criminal Law Amendment Act, commonly known as the Minimum Sentences Act, during sentencing.
“I do not want you to sit in the dock and contemplate life. I want you to take an active part in your defence during the course of this trial,” Moosa told the accused.
To ensure they could meaningfully participate, the judge directed that each accused be provided with writing material to make notes while witnesses testify. He said they would be given an opportunity to consult with their legal representatives after each witness had completed giving evidence and been cross-examined, allowing them to raise issues or identify areas they wished their lawyers to pursue.
Moosa said the arrangement would minimise unnecessary interruptions during proceedings while safeguarding the accused’s constitutional right to challenge the State’s evidence.
“This is your trial. It is your duty to ensure that you participate. It doesn’t mean that you are sitting in the dock as though you are in a movie house just watching what is happening,” he said.
He further assured the accused that should any urgent issue arise during the proceedings, they were free to raise their hands and draw the court’s attention to it at any stage.
