Musa Kekana To Take Stand In Cat Matlala Trial As Arrest Comes Under Scrutiny

Musa Kekana, the first accused in the case involving alleged crime boss Vusimuzi “Cat” Matlala and three others, is expected to take the stand on Tuesday to give his version of the circumstances surrounding his arrest.

Kekana’s lawyer, Riaan Gissing, told the Johannesburg High Court on Monday that his client would testify as the defence challenges the State’s account of how the arrest unfolded.

His expected testimony comes after technical evidence concerning police vehicle-tracking data raised questions about the movements of officers on the day Kekana was arrested.

Kekana, Matlala and three co-accused face a combined 25 charges, including attempted murder, arising from three incidents allegedly committed between 2022 and 2024.

The allegations against the accused have not been proven, and all five have pleaded not guilty.

Court Examines Legality Of Kekana’s Arrest

The Johannesburg High Court is currently conducting a trial-within-a-trial to determine the legality of Kekana’s arrest and whether evidence obtained following the arrest can be admitted in the main criminal trial.

That evidence includes weapons the State alleges were connected to murders for hire.

After calling 13 witnesses, the State provisionally closed its case in the trial-within-a-trial on Monday.

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The defence then opened its case, beginning with technical evidence from Eric Deysel, a South African Police Service vehicle-tracking expert.

His evidence concerned tracking information linked to police vehicle movements on the day of Kekana’s arrest.

Tracking Evidence Challenges Police Version

Deysel’s technical evidence contradicted aspects of earlier testimony concerning the movements of police vehicles on the day Kekana was arrested.

His experience and the reliability of his conclusions came under scrutiny during questioning by the State.

Prosecutors challenged his knowledge of the tracking device and questioned whether parts of his evidence relied on information he had obtained from others rather than information within his direct knowledge.

Deysel also confirmed that a Volkswagen Golf GTI allegedly used by police to transport Kekana from the scene of his arrest had not undergone physical testing since a fault was reported in February 2021.

He acknowledged that vehicle-tracking systems can encounter technical problems.

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“There are some vulnerabilities above our capability where vehicles fail, devices are physically removed. I think devices can be subject to jamming devices. These are some of the challenges that we are facing,” Deysel testified.

Despite those potential vulnerabilities, he maintained that the GPS coordinates contained in the tracking data remained reliable.

Kekana Expected To Challenge State’s Account

Kekana’s testimony is expected to put his own account of the arrest directly before the court.

His evidence will form part of the defence effort to challenge the legality of the arrest and, consequently, the admissibility of evidence obtained afterwards.

The outcome of the trial-within-a-trial could determine whether disputed evidence can be used by prosecutors when the main trial continues.

The State’s case in the separate proceeding has been closed provisionally, meaning prosecutors could seek to present further evidence depending on developments during the defence case.

Once the defence has completed its evidence, the court will ultimately have to determine the disputed issues surrounding Kekana’s arrest and the admissibility of the evidence challenged by his lawyers.