During his trial, notorious crime boss Vusi “Khekhe” Mathibela was surrounded by heavily-armed police officers in bulletproof vests. As a high-risk suspect, they followed his every move.
He and three accomplices were in June found guilty of killing wealthy North West businessman Wandile Bozwana in 2015.
Now Correctional Services is pulling out all the stops to ensure Mathibela, 36, doesn't escape custody before his sentencing next month.
It has put him in C-Max, a section of Tshwane's Kgosi Mampuru II Correctional Centre that houses some of SA's most dangerous criminals.
And it has refused to move him, even after Mathibela, dubbed Mamelodi’s “No 1 Tsotsi” — obtained an order from the high court in Pretoria two weeks ago that he be returned to the remand section of the prison.
The department cited an error in the order which it said, made it “unenforceable”.
Mathibela's legal team this week responded with an application to have Correctional Services declared in contempt of court.
However, on Friday Mathibela's lawyer advocate Solomon Mkhabela confirmed the application had been dismissed, meaning Mathibela will stay put.
Mkhabela said he would meet Mathibela Monday.
The initial court order, stamped, signed and dated August 5, which the Sunday Times has seen, stated that the decision by Correctional Services on June 26 to transfer Mathibela to the C-Max facility was set aside and he should “immediately” be transferred to the local remand section of the prison.
Correctional Services objected to a point in the order, which stated that the costs be awarded in favour of Mathibela. The department said this was not part of the order , hence it was defective and could not be enforced.
“The applicant’s legal representatives have failed, neglected and/or declined the respondents with the correct order which was granted by the court,” said Sebatana Mashabathakga, head of the C-Max section at Kgosi Mampuru II prison in court papers opposing the contempt of court order.
“Instead they provided a defective court order which doesn’t reflect (the order) granted by the court.”
“He [Mathibela] was informed of a defective court order, he chose not to treat it as a matter of urgency. Instead, he waited for 10 days before making a separate application seeking [Correctional Services] to comply with a defective order.”
Correctional Services had told the court it decided to move Mathibela to the C-Max section after an assessment and security classification conducted on the same day he was convicted with his co-accused Sipho Patrick Hudla, 40, Matamela Robert Mutapa, 46, and Bonginkosi Paul Khuma, 42 for premeditated murder, attempted murder, possession of a firearm, and possession of ammunition.
The newly upgraded C-Max facility, in which Mathibela has been kept against his will was opened in December 2019 by justice minister Roland Lamola. The hi-tech correctional facility houses 283 inmates.
It is designed to to make escapes impossible, according to Correctional Services.
Mathibela was previously charged with running a huge extortion ring which forced local entrepreneurs, including taxi bosses, to pay him “protection fees”.
However, charges were dropped in May 2020 after witnesses refused to co-operate with authorities.
Mathibela became notorious four years ago in Mamelodi, east of Pretoria, with his name striking fear in local taxi operators and business people.
The applicant’s legal representatives have failed, neglected and/or declined the respondents with the correct order which was granted by the court
— Sebatana Mashabathakga, head of the C-Max section at Kgosi Mampuru II prison.
A Mamelodi businessman was forced to flee the township after being shot in October 2018 for refusing to pay Mathibela's enforcer R150,000 after he had won a construction contract in the township.
A friend who was visiting the businessman was shot dead outside his house. He believed the gunmen mistook his friend for him.
Mathibela and his accomplices were arrested in 2016 for Bozwana's murder.
He was released on R50,000 bail in December 2016 but this was later withdrawn after his arrest for the extortion charges in Mamelodi, when it emerged he had violated his bail conditions by travelling outside SA.
In 2020, the Mamelodi Amalgamated Taxi Association (Mata) which was apparently controlled by Mathibela from his jail cell, was put under administration by Gauteng transport MEC Jacob Mamabolo.
Correctional Services spokesperson Singabakho Nxumalo told Sunday Times this week that Mathibela was “classified as a high-risk inmate” and that laws allowed them to detain any inmate in any prison.
“Section 26 (of the Correctional Services Act) makes provisions for the security classification to be determined by the extent in which the inmate presents a security risk and so as to determine the prison or part of the prison in which he is to be detained,” Nxumalo said.
Sentencing in the murder case is expected to place on September 20.
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