By Bhekizenzo Zonele
The attempted murder trial of alleged underworld figure Vusimuzi “Cat” Matlala and his four co-accused has been delayed again after a medical witness failed to appear in the Johannesburg High Court on Thursday, prompting the postponement of arguments in the ongoing trial-within-a-trial to November 20.
The latest delay has raised concerns among defence lawyers about prolonged proceedings, mounting legal costs and the accused’s constitutional right to a speedy trial.
Presiding Judge Cassim Moosa ordered the State and defence to submit written arguments ahead of the next court appearance as the court seeks to resolve a dispute over the admissibility of evidence allegedly obtained during the arrest of co-accused Musa Kekana.
The trial-within-a-trial centres on Kekana’s allegations that police assaulted and suffocated him during his arrest in April 2024.
His legal team is challenging the admissibility of evidence obtained during the arrest, arguing that his constitutional rights were violated.
The proceedings have stalled the main trial while the court determines whether the disputed evidence can be used against the accused.
Thursday’s hearing followed an earlier postponement after the court was informed that medical expert Dr Du Toit, who was expected to testify, would not be available. The witness again failed to appear, further delaying the proceedings.
The defence expressed frustration over the repeated interruptions, arguing that the delays were placing an unfair financial burden on the accused and undermining their right to have the case finalised within a reasonable period.
Matlala’s legal representative, Advocate Annelene van den Heever, told the court that the repeated delays had prejudiced her client.
“I respectfully submit that the prejudice my client has been suffering throughout, by other people delaying this matter, has already impacted his rights to a fair trial. I respectfully submit that it shouldn’t be tolerated any longer,” she said.
Judge Moosa acknowledged the competing interests, saying the court had to balance the rights of the accused whose evidence was being challenged against those of the remaining accused, who were entitled to a speedy trial.
“And on the other hand, to balance the right of a fair trial that is enjoyed by accused number one, and to balance that right with the right of the remainder of the accused to a speedy trial,” Moosa said.
The judge ordered the State to file its heads of argument, together with supporting case law, by close of business on Friday, November 13.
The defence has until Wednesday, November 18, to submit its written arguments.
The matter was postponed to November 20, when the court is expected to hear arguments on the trial-within-a-trial.
The State alleges that Matlala orchestrated three separate attempted assassinations targeting his former partner, actress Tebogo Thobejane, taxi boss Joe “Ferrari” Sibanyoni and music producer Seunkie Mokubung, popularly known as DJ Vettys.
Matlala is standing trial alongside his wife, Tsakane Matlala, Musa Kekana, Tiego Floyd Mabusela and Nthabiseng Nzama.
The five accused face a combined 25 charges, including 11 counts of attempted murder, conspiracy to commit murder, fraud, money laundering and firearms-related offences. All five have pleaded not guilty.
The court has previously heard evidence from forensic pathologist Professor Gert Saayman, who testified about Kekana’s injuries and whether they were consistent with his account of being assaulted and suffocated by police.
Saayman told the court that the available medical evidence could not conclusively establish whether Kekana had been suffocated, but did not rule out the possibility.
Dr Du Toit had been expected to testify remotely on Thursday but did not appear.
The court must now determine whether the disputed evidence is admissible before the main trial can proceed.
The latest postponement adds to delays in a case already affected by witness availability, disputes over medical records and scheduling conflicts involving other criminal proceedings.
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