The state’s struggle to secure additional witnesses in the trial-within-a-trial of alleged underworld figure Vusimuzi “Cat” Matlala has resulted in a further delay of the main attempted murder trial, with proceedings now postponed to the end of the month.
The Johannesburg High Court on Tuesday heard continued cross-examination of state witness Lt-Col Tumelo Thomas Tsotetsi, who is testifying on the lawfulness of the 2024 arrest of accused number one, Musa Kekana. The trial within a trial is examining allegations that police assaulted and tortured Kekana before obtaining evidence.
‘No white Fortuner at the scene’
Adv Riaan Gissing, representing Kekana, put it to Tsotetsi that after his client was restrained, he was placed in the back of a white Toyota Fortuner.
“Was there a white Fortuner at the scene?” Gissing asked.
Tsotetsi denied the version presented by the defence.
“That is not the truth because there was no white Fortuner at the scene. It is not true that Cpt Alfred Sekgiobela did not inform them of their rights and the reason why he was being arrested,” Tsotetsi testified.
He further told the court that he personally informed Kekana of his constitutional rights in Sepedi before translating them into English.
Torture claims denied
However, Gissing maintained that his client’s instructions were that he had been assaulted, tortured by police officers and suffocated with a Courier Guy plastic bag while in custody.
“That is not true, because accused number one came back to the scene, he had an opportunity to say that the police tortured him,” Tsotetsi responded.
Gissing challenged the officer’s version, saying: “My instruction is that you were not there, Colonel, at the time of the assault. That is why you would not know.”
Difficulties in securing witnesses
As Tsotetsi concluded his cross examination, the state informed the court that it was experiencing difficulties securing its remaining witnesses.
State prosecutor Elize le Roux said the prosecution had intended to call a medic, but the witness was unavailable due to family responsibilities. She also revealed that another intended witness, Dr Pernica, could only be consulted on Tuesday afternoon.
“I would ask that the case stands down while we are still trying to get these witnesses. Others would be more police officers who were present at the scene although we are still experiencing some challenges with regards to that also, we are still busy trying to negotiate our way around those challenges,” said le Roux.
Postponement not opposed
Adv Anneline van den Heever, representing Matlala and his wife, Tsakani, said although the defence was concerned about the delay, they would not oppose the postponement.
“I’ve discussed it with my clients; we will deal with the issue of my clients rights to a speedy trial being infringed at the appropriate time but at this time we have no option but to agree to a postponement,” said van den Heever.
Judge Cassim Moosa granted the application and postponed the matter to Monday, August 31, 2026.
The postponement means the trial within a trial must first be concluded before the main attempted murder case against Matlala and his co-accused can proceed.
- The attempted murder trial of alleged underworld figure Vusimuzi "Cat" Matlala has been postponed to August 31, 2026, due to difficulties in securing additional witnesses.
- The trial-within-a-trial is examining the lawfulness of Musa Kekana's 2024 arrest and allegations of police assault and torture.
- State witness Lt-Col Tumelo Tsotetsi denied claims of assault, torture, and the presence of a white Toyota Fortuner at the scene.
- The prosecution faces challenges as key witnesses, including a medic and Dr. Pernica, are unavailable or difficult to secure.
- The defense did not oppose the postponement but expressed concern over potential infringement of the right to a speedy trial.
Adv Riaan
"Was there a white Fortuner at the scene?"
Tsotetsi denied the version presented by the defence.
"
He further told the court that he personally informed Kekana of his constitutional rights in Sepedi before translating them into
However,
"
As Tsotetsi concluded his cross examination, the state informed the court that it was experiencing difficulties securing its remaining witnesses.
State prosecutor Elize le Roux said the prosecution had intended to call a medic, but the witness was unavailable due to family responsibilities.
"I would ask that the case stands down while we are still trying to get these witnesses.
Adv Anneline van den Heever, representing Matlala and his wife, Tsakani, said although the defence was concerned about the delay, they would not oppose the postponement.
"I've discussed it with my clients; we will deal with the issue of my clients rights to a speedy trial being infringed at the appropriate time but at this time we have no option but to agree to a postponement," said van den Heever.
Judge Cassim Moosa granted the application and postponed the matter to
