What’s Happening in Court?
On Friday, Musa Kekana appeared in the Johannesburg High Court. He is the driver police were looking for on the day he was arrested. The court must now decide whether the evidence collected during his arrest can be used in the trial.
Why the Evidence Is Being Challenged
Kekana objected to everything that came from his arrest on April 17, 2024. He claims the police broke the law when they:
- Didn’t tell him his rights before or during the arrest.
- Searched him and his belongings without a proper warrant.
- Downloaded data from seized items, which he says violates the Cybercrimes Act.
- Breached his constitutional right to privacy.
His lawyer, Riaan Gissing, filed a written objection that was entered into evidence. Kekana argues that using this evidence would make his trial unfair and hurt the justice system.
The State’s Response
Prosecutor Elize le Roux told the court that Kekana cooperated and agreed to the search. Even if there was no agreement, she said the police acted quickly and had good reason to believe an arrest warrant would have been issued anyway.
She also pointed out that the police already knew the license plate of the Hyundai i20 Kekana was driving and the address he was headed to, so they didn’t need his help to find him.
The Witness’s Testimony
A private security guard, whose face cannot be shown because of a court order, took the stand. He said:
- He was working for a special operations team when a police captain called him just after 7 a.m. on April 17.
- The captain gave him details about two vehicles possibly linked to a murder in Vereeniging – one was a white Hyundai i20.
- He watched the property in Kew and Bramley, saw the i20 arrive with two men, and later saw a white Mercedes‑Benz V‑Class leave with the same two men.
- He recognized the driver by his long‑sleeved mustard shirt and followed the car until it stopped.
- When police arrived, he was about 50 metres away. Officers shouted “hands up,” pointed guns, and made the men lie on the ground.
- A captain asked him to confirm the arrested men were the same ones he’d seen. Officers lifted Kekana so the witness could see his face, and he identified him as the driver.
- Kekana spoke English, complained he felt sick, mentioned a recent hospital release, and said he had a cough related to his chest or stomach.
- The witness said there was no blood on the grass where Kekana lay, despite later photos showing what looked like stains.
Who Else Is on Trial?
Kekana is the first of five defendants. The others are:
- Vusimuzi “Cat” Matlala – alleged underworld figure.
- Tiego Floyd Mabusela.
- Tsakani Matlala – Mabusela’s wife.
- Nthabiseng Zandile Nzama.
All five face 25 charges, including 11 counts of attempted murder (each carries a minimum life sentence), conspiracy to commit murder, fraud, money‑laundering, and weapons offences.
The state says Matlala ordered three shootings between August 2022 and January 2024 targeting:
- Taxi boss Joe “Ferrari” Sibanyoni.
- His former girlfriend, actress Tebogo Thobejane.
- Music producer Seunkie “DJ Vetteys” Mokubung.
Others were also shot at, raising the attempted‑murder count to 11.
Court Decisions on Detention and Visits
Lawyer Riaan Gissing told Judge Cassim Moosa that the prison only allows visits on weekdays during work hours, but the defendants are in court Monday‑Friday, so no one can see them.
He asked for Saturday visits, and the judge ordered the detention centre to allow friends and family to visit the three men on Saturdays while the trial continues.
Lawyer Nardus Grove, representing Mabusela, said his client needs fresh clothes for the coming week.
What’s Next?
The judge suspended the main trial to hear arguments about whether the disputed evidence should be allowed. After hearing both sides, he will rule on its admissibility and then resume the case.
The matter has been postponed until Monday.
