The trial-within-a-trial in the case against alleged underworld figure Vusimuzi ‘Cat’ Matlala and four co-accused turned sharply on police vehicle tracking data this week at the Johannesburg High Court. Defence lawyers for Musa Kekana introduced Automatic Vehicle Location (AVL) records for 15 police vehicles on 9 and 10 September 2026, directly challenging the police version of Kekana’s arrest on 17 April 2024. The central dispute is whether evidence seized during that arrest—including firearms and ammunition—can be used in the main trial, which involves 25 consolidated charges ranging from attempted murder to fraud and money laundering.
Warrant Officer Johannes Tshepo Phiri admitted under cross-examination on 10 September that he drove a white, unmarked Toyota Fortuner at the arrest scene. This contradicted earlier police testimony that no Fortuner was present. Defence lawyer Riaan Gissing, representing Kekana, pressed Phiri on the discrepancy.
Why has the existence of a (Toyota) Fortuner been hidden from this honourable court? That is important; it goes right to credibility. I put it to you, warranting that the existence of this Fortuner was hidden from the court up until the AVL report became available.
Phiri testified that he prepared an affidavit on 9 September 2026 and used the AVL records to refresh his memory about the operation. The defence submitted roughly 100 pages of AVL data, prompting State prosecutor to request time to study the records before calling further witnesses. Judge Cassim Moosa granted an adjournment on 10 September, postponing proceedings to Friday 11 September.
Sergeant Mayisela Ledwaba took the stand for the State on 11 September to testify about the circumstances of Kekana’s arrest. The proceedings have been further complicated by the hospitalisation of a potential police witness who was shot in an unrelated incident, according to EWN. The defence has indicated that Kekana alleges he was assaulted and suffocated by police during the arrest.
The main trial centres on alleged plots against actress Tebogo Thobejane, taxi boss Joe ‘Ferrari’ Sibanyoni, and music producer Seunkie ‘DJ Vettys’ Mokubung, spanning incidents between 2022 and 2024. Co-accused include Tsakane Matlala, Tiego Floyd Mabusela, and Nthabiseng Nzama. Defence counsel Nardus Grové, representing Mabusela and Nzama, voiced frustration with the pace of proceedings.
With the greatest of respect, this trial is proceeding very slowly. There are financial issues and others that need to be taken into account. It is clear that this trial is not going to get even near the close of State’s case in the days estimated by the State.
Grové urged the court to deal with the matter speedily, noting the accused could run out of funds for legal representation.
The outcome of the trial-within-a-trial will determine whether the core evidence against Kekana is admitted. The defence’s use of AVL data suggests a broader strategy to undermine police credibility on arrest procedures. Judge Moosa has not yet indicated when he will rule on the admissibility question.
What remains unclear is whether the trial-within-a-trial can proceed without further delays. The next development will depend on the State’s review of the AVL records and the availability of the hospitalised witness. CapeFlats.co.za will check back after the next court sitting for a ruling on the evidence dispute.