The trial of businessman Vusimuzi ‘Cat’ Matlala and his four co-accused was postponed to Monday after the state was unable to proceed with key witnesses in the trial-within-a-trial dealing with the admissibility of evidence allegedly linking accused Musa Kekana to the alleged assassination plots.
Matlala is on trial alongside his wife, Tsakane Matlala, alleged hitmen Kekana and Tiego Floyd Mabusela, and Nthabiseng Zandile Nzama.
The matter is being heard in the Johannesburg High Court before Judge Cassim Moosa.
State seeks another postponement
State prosecutor Adv Elize Le Roux told the court that the state had intended calling Sgt Mbhele (first name not shared) to testify about the medical condition of Sgt Ledwaba (first name not shared as well), who was involved in a serious shooting incident.
Le Roux said Ledwaba had undergone an operation the previous week and remained in significant pain. Although his medical certificate was valid until Thursday, he was expected to consult a specialist again and seek an extension.
She said it, therefore, made no sense to present Mbhele’s evidence immediately when Ledwaba’s medical position could change.
The state is also expected to call a retired Colonel, who now lives in Durban. Le Roux said the colonel had confirmed that he was willing and able to testify and that arrangements were being made for his accommodation in Johannesburg.
Le Roux acknowledged that the postponement would cost the court another day and a half but said the circumstances were beyond the state’s control.
Defence objects to lost court time
Le Roux told Judge Moosa that the state was nearing the end of its case in the trial-within-a-trial and expected to close its evidence on Monday, or Tuesday at the latest.
The postponement was strongly opposed by Adv Anneline van den Heever, who represents Matlala and his wife.
Van den Heever complained that the defence had already lost two days of court time during the week. She argued that the state should have alternative witnesses available when one witness was unable to testify.
She said the repeated delays were prejudicing the accused’s constitutional right to a speedy trial and placed the defence’s strong objection on record.
What the trial-within-a-trial is about
The trial-within-a-trial concerns the admissibility of evidence allegedly obtained following Kekana’s arrest. His defence has challenged the circumstances surrounding his arrest and has alleged that he was assaulted and tortured by police.
The state disputes those allegations.
The outcome of this preliminary hearing could have significant consequences for the prosecution’s case if the disputed evidence is ruled inadmissible.
Matlala and co-accused face 25 charges
The accused face a combined 25 charges, including attempted murder, conspiracy to commit murder, money laundering, fraud and firearm-related offences.
The state alleges that Matlala was involved in plots to have several people killed, including socialite and actress Tebogo Thobejane, businessman and taxi operator Joe ‘Ferrari’ Sibanyoni, and music producer Seunkie DJ Vettys Mokubung.
The accused have pleaded not guilty.
Trial already hit by delays
The trial was allocated 30 court days, but its progress has been affected by delays and interruptions, including issues involving legal representation and witness availability.
Proceedings are expected to resume on Monday.
- The trial of businessman Vusimuzi 'Cat' Matlala and four co-accused was postponed to Monday due to the state's inability to proceed with key witnesses in the trial-within-a-trial.
- The trial-within-a-trial focuses on the admissibility of evidence allegedly linking accused Musa Kekana to assassination plots and involves challenges to the circumstances of Kekana's arrest.
- The accused face a total of 25 charges, including attempted murder, conspiracy to commit murder, money laundering, fraud, and firearm-related offences.
- The trial has been delayed by witness availability issues and legal representation problems, with the state nearing the end of its case in the trial-within-a-trial.
- Defence counsel has strongly opposed the postponement, citing prejudice to the accused's right to a speedy trial after losing two days of court time earlier in the week.
