HEADLINE: COURT DRAMA: High Court rules Cat Matlala co-accused's bail affidavit is admissible as tension erupts
By Mpho Dube, Editor-in-Chief
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JOHANNESBURG - The Gauteng High Court in Johannesburg has made a major ruling in the attempted murder trial of tenderpreneur Vusimuzi "Cat" Matlala, finding that his co-accused's bail affidavit can be used as evidence.
Judge Ismail Cassim Moosa delivered his ruling on Tuesday, 8 September 2026, finding that Musa Kekana's bail affidavit is admissible as evidence in the trial.
A trial-within-a-trial has taken place concerning evidence obtained following Kekana's arrest on 17 April 2024 in Johannesburg, just hours after the fatal shooting of Vereeniging engineer Armand Swart.
The State sought an order from the court to admit cellphone records and statements in which Kekana, who claims he was assaulted, allegedly made admissions after his arrest.
In his judgment, Judge Moosa concluded that Kekana had been clearly cautioned at the time of his bail application that statements made in those proceedings could later be relied upon as evidence against him.
"The learned magistrate, Mr Kruger, specifically gave this warning to the applicant, being accused number one, before this court," Moosa remarked on Tuesday.
The judge referenced relevant case law on using oral testimony and affidavits from bail proceedings in subsequent trials.
"A generic warning in the terms recorded by the magistrate is, in principle, adequate. The affidavit having been placed before the bail court under an adequate and timeous warning, in principle, forms part of the trial court under section 60(11B)(c) [of the Criminal Procedure Act]," Moosa said.
Kekana and former police detective Michael Pule Tau were both refused bail by the Vereeniging Magistrates' Court in connection with Swart's murder.
Kekana is on trial alongside Matlala, Matlala's wife Tsakane Matlala, Tiego Floyd Mabusela and Nthabiseng Zandile Nzama.
The group faces 25 charges, including attempted murder, conspiracy to commit murder, fraud, money laundering and the illegal possession of firearms and ammunition.
The charges relate to a series of alleged botched hit attempts between 2022 and 2024, including an alleged plot targeting taxi boss Joe "Ferrari" Sibanyoni, an attempt on Matlala's ex-partner Tebogo Thobejane, and a case involving music producer Seunkie "DJ Vettys" Mokubung.
All five accused have pleaded not guilty. The trial has been postponed to Thursday, 10 September, after State prosecutor Elize Le Roux asked for more time to consider new evidence. The defence handed the State nearly 100 pages of automatic vehicle location (AVL) records relating to the movement of vehicles used by police officers who arrested Kekana.
Le Roux said the State had "very limited opportunity to study these records" and called it an "ambush".
Meanwhile, drama unfolded inside court after proceedings were adjourned early on Tuesday. What should have been a normal end to the court day turned into a war of words when chaos erupted.
According to Bona and other reports, Matlala and his co-accused wanted to consult their lawyers before being taken down to holding cells but were prevented by some members of the task force responsible for transporting them. The accused were reportedly prevented from consulting with their lawyers, with the events captured on video.
The issue was subsequently addressed by Judge Cassim Moosa, who ruled that when proceedings are adjourned before the expected time, the accused should be permitted to consult with their counsel. The ruling provides clarity on the accused's access to legal representatives during periods when the court is no longer sitting.
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