‘Cat’ Matlala case: Officer involved in Kekana arrest says suspect didn’t report alleged assault

An officer involved in the arrests of murder accused Musa Kekana and Michael Pule Tau has disagreed with the version of events presented to him by the defence.

Lieutenant Colonel Thomas Tsotetsi, then a captain, was part of the Gauteng Tactical Response Team (TRT) that arrested Kekana and Tau in Kew on 17 April 2024.

Tsotetsi was questioned by defence advocate Riaan Gissing on Tuesday in the High Court in Johannesburg on the particulars of the arrest, as Kekana continued his attempt to have evidence against him declared inadmissible via a trial within a trial.

Suspects intercepted on 8th Road

Tsotetsi explained that he was on the N3 near Bedfordview when he received a call from TRT commander, and previous witness, Captain Phimi Sekgobela requesting a pre-raid meeting.

Tsotetsi met his commander and other officers at a shopping centre in Bramley where they were briefed.

Unable to confirm the number of officers involved, he said “four or five” law enforcement vehicles intercepted a Mercedes-Benz Viana on 8^th Road in Kew.

Tsotetsi disagreed with Gissing’s assertion that warning shots were fired at the 8^th Road scene and would not confirm alleged taunts from Sekgobela aimed at Kekana when effecting the arrest.

Kekana and Tau were placed face first on the tarmac, with the officer stating Kekana had complained about being uncomfortable.

Tsotetsi said Kekana was accommodated by officers who allowed him to be cuffed while sitting upright, denying that any injuries could have been sustained during the arrest.

Gising said this was counter to Kekana’s statement and asserted that the accused did not have their rights read to them – something the officer denied.

Assault and torture denied

Kekana is alleged to have used a Hyundai i20 as the getaway car in the murder of Armand Swart in Vereeniging hours before his arrest.

From the 8^th Road scene of the arrest, officers took the accused to Kekana’s 5^th Road house a few kilometres away, with the court shown photos of his yard which contained a white i20.

Tsotetsi did not go with the suspects to the 5^th Road location and could not confirm to Gissing which vehicles were used to transport the suspects.

While with officers at the 5^th Road house, Kekana alleges he was beaten and tortured while officers searched the premises.

“That shocked me because accused number one came back to 8^th Road and he did not mention that to me and even on his face, he did not show as a person who was assaulted or tortured by police,” Tsotetsi’s interpreter relayed.

Gissing said he was assaulted on the body and that wounds would not have been visible, asking how he expected a suspect to express his concern in such a situation.

“He had an opportunity to say that those police he was left with have now tortured me so badly. I would advise them to open a case against them,” the interpreter relayed.

‘Ask me about things that I know of’

The counsel explained that when he was taken to hospital after the arrest, Kekana told doctors he had been beaten.

Tsotetsi said Kekana should have reported the alleged assault to those officers, who were not attached to the unit, who had arrested him.

Gissing said Kekana would not have known they were from a different unit, with Tsotetsi alleging the suspect was well aware.

“Police officers from Bramley arrived late and they arrived specifically for escorting accused number one to hospital,” Tsotetsi explained.

Before being taken to hospital, Kekana received medical treatment via a private security’s paramedic, with Gissing pressing the officer on where he was treated.

“The suspects, accused number one, was seen to by paramedics at 8^th Road because he was at 8^th Road.

Gissing said this differed from Sekgobela’s statement, with Tsotetsi having a taut response for the advocate.

“I would ask counsel to ask me about things that I know of, not something that is someone else’s knowledge,” relayed the interpreter.

The matter was postponed to Monday 31 August with accused one, two and three remanded in custody until then.