The South Gauteng High Court has ordered that alleged underworld figure Vusi “Cat” Matlala remain at Kgosi Mampuru II Correctional Centre C-Max in Pretoria and not be returned to the feared eBongweni Super Maximum Correctional Centre in KwaZulu-Natal, in a ruling that gives the accused temporary but significant relief in his long-running detention battle.
Matlala, one of South Africa’s most closely watched high-profile detainees, received the news on Thursday when he appeared in the South Gauteng High Court in Johannesburg to hear the outcome of his application to be kept in Pretoria for purposes of consulting with his legal team.
Constitutional rights infringed
His lawyers had argued that his transfer to the super-maximum facility in Kokstad last month severely undermined his constitutional right to a fair trial, particularly his ability to consult meaningfully with counsel and to review extensive case material.
On Wednesday, the defence told the court that travelling to eBongweni for consultations was logistically difficult. It was costly and time-consuming, they added. And that consultations at the supermax prison were conducted under conditions that made effective preparation nearly impossible.
Delivering his ruling, Judge Willem Karam confirmed that Matlala had not been returned to eBongweni following his previous court appearance. He said Matlala was instead being held at Kgosi Mampuru C-Max pending the outcome of this week’s proceedings.
Karam ordered that this arrangement should continue. He went further, directing Correctional Services and the head of Kgosi Mampuru C-Max to actively facilitate consultations between Matlala and his legal representatives.
“The court orders in so far as is necessary Correctional Services and the head of the prison at C-Max to accommodate counsel for accused number 3 in this regard. They are directed to make available in their facility a consultation room. They should be able to sit together with no obstruction,” Karam ordered.
Eased of communication with defence team
The judge also specified that consultations must allow for ease of communication and the exchange of documents. This includes the use of laptops.
The ruling follows weeks of legal wrangling after Matlala was abruptly moved from Kgosi Mampuru to eBongweni, South Africa’s only ultra-high-security prison, following what the Department of Correctional Services described as a security risk assessment.
eBongweni operates on closed-maximum principles. The prison is known for its strict, contraband-free regime, prolonged inmate isolation and heavy restrictions on movement and interaction. Opened in 2002, the facility can accommodate about 1, 536 inmates and is regarded as a last-resort prison for the country’s most dangerous and unmanageable offenders.
Correctional authorities insist the supermax facility is essential for managing extreme security risks. However, detainees have previously challenged its harsh conditions in court. Particularly where those conditions affect access to legal counsel and preparation for trial.
Detention was deemed punitive
Matlala’s defence has consistently argued against his placement at eBongweni. They said it seemed punitive rather than preventative. And it effectively affected his ability to mount a proper defence. This in a complex matter involving multiple charges and a voluminous docket.
The court’s order does not amount to a final determination on the lawfulness of his transfer to eBongweni. But it secures his continued detention in Pretoria for now, and ensures enhanced consultation rights.
The ruling also comes as Matlala prepares a fresh bail application. This one is based on what his legal team describes as “new facts”, including the impact of his detention conditions on trial preparation. He is expected to appear in the same court on Monday.
