Judge Ismail Cassim Moosa delivered his ruling on Tuesday.
Musa Kekana and his co-accused during trial at the Gauteng High Court in Johannesburg on 28 July 2026. Picture: Gallo Images / Sharon Seretlo
The Gauteng High Court in Johannesburg has found that Musa Kekana’s bail affidavit is admissible as evidence in the attempted murder trial involving tenderpreneur Vusimuzi “Cat” Matlala and his co-accused.
Judge Ismail Cassim Moosa delivered his ruling on Tuesday, 8 September 2026.
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.
Cat Matlala attempted murder trial continues
In his judgment, 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 [Chris] Kruger, specifically gave this warning to the applicant, being accused number one, before this court,” he 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.
As part of his bid for release, Kekana filed an affidavit setting out his case for bail.
However, the state told the court on Monday that his account was riddled with inconsistencies and sought to utilise the statement in the trial-within-a-trial.
Multiple charges
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.
Among the incidents cited are 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.
Postponement
The trial has been postponed to Thursday, 10 September, after state prosecutor Elize Le Roux asked the court for more time to consider new evidence.
Le Roux made the application after the defence handed the state automatic vehicle location (AVL) records on Tuesday evening.
The nearly 100-page bundle contains records relating to the movement of the vehicles used by the police officers who arrested Kekana.
She told the court that the state had been given “very limited opportunity to study these records”.
Le Roux suggested that the “ambush” had placed the prosecution at a disadvantage.
“What sits uncomfortably with the state here is that this was provided yesterday to us just shortly before I indicated that I am close to closing the state’s case on the trial-within-a-trial,” Le Roux said.
The prosecutor further argued that the defence had planned to call an expert to lead evidence on the AVL records.
“To dump this bundle of documents on the state the day before the defence plans to call this witness apparently is most unfair.”
While the defence opposed the request, the postponement was, however, granted by Moosa.
