The high court in Johannesburg has stood down the trial-within-a-trial in the Vusimuzi “Cat” Matlala case until Thursday, after defence lawyers requested more time to study the police captain’s diary from the day alleged hitman Musa Kekana was arrested.
The diary, compiled by state witness Capt Phumi Sekgobela after the April 2024 operation, was handed to the defence during Wednesday’s proceedings while Kekana’s lawyer, advocate Riaan Gissing, was still cross-examining the witness.
The trial-within-a-trial is to determine whether firearms and other evidence seized during Kekana’s arrest can be admitted in the main trial.
The state alleges Kekana acted as a hitman, and that the firearms recovered during his arrest link him to attempted assassinations allegedly ordered by Matlala.
Matlala, his wife Tsakani Matlala, Kekana, Tiego Floyd Mabusela and Nthabiseng Nzama are facing 25 charges, including money laundering, conspiracy to commit murder and attempted murder.
Gissing told judge Cassim Moosa he had not had sufficient time to consult with his client after receiving the diary. “My lord, may I place a request before the court? We are still waiting for certain information from the state, and I must point out that it was only requested this morning.
“Shortly before the lunch adjournment, while I was busy with cross-examination, a copy of the diary was provided to me. I have not had an opportunity to consult with accused number one on its contents.”
He added that Kekana had also not yet been afforded an opportunity to have lunch before proceedings resumed.
“I have conveyed my request to my learned friend for the state, as well as to my co-counsel, that the matter be rolled over until tomorrow.”
Judge Moosa agreed that the request would affect the continuation of cross-examination. “It impacts whether you continue because you need to deal with these aspects and issues.”
Gissing replied: “Correct, my lord. My client must first be allowed to consider the material before the proceedings continue.”
Annelene van den Heever, representing Matlala and his wife, supported the postponement, saying additional disclosure could ultimately shorten the proceedings.
Van den Heever also requested time for herself and advocate Nardus Grové to inspect the original diary before Sekgobela left the witness stand. “If it is indeed so, as I suspect, these issues can be curtailed, and we can finish with this witness tomorrow.”
State prosecutor Elize le Roux said the prosecution had no objection to postponing the matter and undertook to provide the outstanding documents as soon as possible.
“I cannot foresee whether there may be a delay here or there, but I am already in the process of requesting this information. I can give my commitment to this court that I will not waste unnecessary time, and I will do my best to get it to the defence as soon as possible,” she said.
However, Le Roux requested that the first page of Sekgobela’s diary, containing his personal information, be returned to the state.
“I think everyone can be satisfied that this diary was completed by this witness and that he is the author of the diary. There is therefore no need for the defence to retain that first page,” she said.
Judge Moosa granted the request after seeking clarification. Cross-examination of Sekgobela is expected to resume on Thursday.
Sowetan
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