The defence of accused number one Musa Kekana has accused a police witness of lying about the movements of a Volkswagen Golf allegedly used during the operation that led to Kekana’s arrest, and in which he claims to have subsequently been loaded.
Kekana is on trial in the Johannesburg High Court alongside Vusimuzi ‘Cat’ Matlala, Tsakani Matlala, Tiego Floyd Mabusela and Nthabiseng Zandile Nzama on charges including attempted murder of taxi boss Joe Sibanyoni and actress Tebogo Thobejane, conspiracy to commit murder and money laundering.
All five have pleaded not guilty.
Kekana is challenging the lawfulness of his arrest and is seeking to have evidence obtained at his arrest excluded from the main trial, which led to the current trial-within-a-trial.
Defence challenges Golf evidence
Kekana’s lawyer, Advocate Riaan Gissing, put Sergeant Johannes Phiri under pressure over the movements of the Golf, registered HM 52 KSGP and driven by Tactical Response Team Captain Phumi Sekgobela during the April 2024 operation.
The defence argued that by driving Kekana around in a Golf 7 rather than taking him directly to the nearest police station, law enforcement violated the Criminal Procedure Act (Section 50 (1).
According to Gissing, the Golf took a detour to interrogate, assault, and torture Kekana before booking him into cells, forcing admissions, and allowing police to conduct an urgent search and seizure operation without a warrant.
Gissing put it to Phiri that evidence would show the vehicle arrived at a Bramley property (Kekana’s house) at about 8.50am and only left at around 3.55pm.
He said this contradicted Sekgobela’s earlier evidence about the Golf’s whereabouts and movements.
Phiri said he could not comment on the vehicle’s tracking information.
“I cannot comment on the movement or the tracking of this Golf because I did not look at it. I do not know anything about it. I cannot speak on what Captain Sekgobela said,” Phiri told the court.
Phiri said he was driving an unmarked Toyota Fortuner on the day while Sekgobela said there was no Fortuner on the scene.
Gissing then put the defence’s case directly to him.
“I put it to you that, if this evidence is accepted by the honourable court, it will demonstrate that not only you, but also Captain Sekgobela, were lying about the movements of this vehicle on the day in question,” he said.
Phiri stood by his evidence, saying he could only testify about what he does not know.
Was Kekana loaded into the Golf?
Phiri testified that from the scene he followed Sekgobela’s Golf after leaving Kekana’s house and that Kekana was loaded into the vehicle.
Asked whether he still stood by that evidence, Phiri replied: “Yes.”
He said he was alone in his vehicle when he followed Sekgobela as the cop he had travelled with to the scene was left behind.
The defence also questioned Phiri about police vehicles that arrived before Kekana’s arrest. He recalled traffic-police vehicles but could not remember how many there were or their makes and models.
READ MORE: State, defence clash over grounds for Musa Kekana arrest
Questions over police operation
Representing Matlala and his wife, Advocate Anneline van den Heever, questioned why officers waited for between 30 and 40 minutes in a parking area near Midway Mall before moving to apprehend a suspect.
Phiri said they were waiting for other members to arrive.
Van den Heever also questioned why Phiri travelled from Johannesburg to Blockhouse on the R59 after being told about a third suspect.
“We needed to go and confirm that the third person was indeed there, rather than relying on information from a third party,” Phiri said.
ALSO READ :Matlala trial-within-a-trial: Defence claims Kekana was tortured during arrest
She further questioned why Phiri had never made a witness statement despite attending several events linked to the case.
Phiri said he had been told officers would take his statement and had waited for them to do so.
On why officers waited near the suspect rather than at his home, Phiri said operational decisions were made by Sekgobela.
“It’s not always that a takedown will happen at a person’s place of residence. It can also happen on the road,” he said.
- Musa Kekana is on trial in the Johannesburg High Court alongside four others, facing charges including attempted murder, conspiracy to commit murder, and money laundering, with all pleading not guilty.
- Kekana is challenging the lawfulness of his arrest and seeking to exclude evidence obtained during his arrest, resulting in a trial-within-a-trial.
- Defence lawyer Advocate Riaan Gissing accused Sergeant Johannes Phiri and Captain Phumi Sekgobela of lying about the movements of the Volkswagen Golf allegedly used to transport Kekana during the operation.
- Phiri testified that Kekana was loaded into the Golf and that he followed the vehicle after leaving Kekana's house, but could not comment on the vehicle’s tracking information or deny the Golf’s movements as stated by Sekgobela.
- Questions were raised about police procedures, including why officers waited near Midway Mall before the arrest and why Phiri traveled to confirm a third suspect's location, with Phiri stating operational decisions were made by Sekgobela.
Kekana is on trial in the Johannesburg High Court alongside Vusimuzi 'Cat' Matlala, Tsakani Matlala, Tiego Floyd Mabusela and
All five have pleaded not guilty.
Kekana is challenging the lawfulness of his arrest and is seeking to have evidence obtained at his arrest excluded from the main trial, which led to the current trial-within-a-trial.
Kekana’s lawyer, Advocate Riaan
He said this contradicted Sekgobela’s earlier evidence about the Golf’s whereabouts and movements.
Phiri said he could not comment on the vehicle’s tracking information.
"I cannot comment on the movement or the tracking of this Golf because I did not look at it. I do not know anything about it. I cannot speak on what Captain Sekgobela said," Phiri told the court.
Phiri said he was driving an unmarked Toyota Fortuner on the day while Sekgobela said there was no Fortuner on the scene.
"I put it to you that, if this evidence is accepted by the honourable court, it will demonstrate that not only you, but also Captain Sekgobela, were lying about the movements of this vehicle on the day in question," he said.
Phiri stood by his evidence, saying he could only testify about what he does not know.
Phiri testified that from the scene he followed Sekgobela’s Golf after leaving Kekana's house and that Kekana was loaded into the vehicle.
Asked whether he still stood by that evidence, Phiri replied: "Yes."
He said he was alone in his vehicle when he followed Sekgobela as the cop he had travelled with to the scene was left behind.
READ MORE: State, defence clash over grounds for Musa Kekana arrest
Phiri said they were waiting for other members to arrive.
Van den Heever also questioned why Phiri travelled from Johannesburg to
"We needed to go and confirm that the third person was indeed there, rather than relying on information from a third party," Phiri said.
ALSO READ :Matlala trial-within-a-trial: Defence claims Kekana was tortured during arrest
Phiri said he had been told officers would take his statement and had waited for them to do so.
On why officers waited near the suspect rather than at his home, Phiri said operational decisions were made by Sekgobela.
"It’s not always that a takedown will happen at a person’s place of residence. It can also happen on the road," he said.
