WATCH | Claims of plastic bag torture emerge at ‘Cat’ Matlala’s trial

POSSIBLE PULL QUOTE = “[Musa Kekana] was not informed of his rights [and] was severely tortured while police searched the premises.” — Defence lawyer Adv Riaan Gissing

Allegations that Vusimusi “Cat” Matlala‘s co-accused Musa Kekana was tortured after his arrest for the 2024 murder of Vereeniging engineer Armand Swart took centre stage in the Johannesburg high court on Wednesday.

This was as his lawyer put the claims to a state witness during the ongoing trial-within-a-trial.

Lt-Col Tumelo Tsotetsi of the police’s tactical response team was cross-examined by defence lawyer Adv Riaan Gissing, who put Kekana’s version of events to the court, including claims that police assaulted him while searching his property on 5th Road in Bramley.

The trial-within-a-trial will determine whether evidence obtained during Kekana’s arrest can be admitted in the main trial involving Matlala, his wife Tsakane Matlala, Kekana, Tiego Floyd Mabusela and his daughter Nthabiseng Nzama, who are facing 25 charges, including conspiracy to commit murder, attempted murder and money-laundering.

Before cross-examination began, state prosecutor Adv Elize le Roux led Tsotetsi through photographs taken at 8th Road where Kekana was arrested.

The court was shown images of a white Mercedes-Benz Viano. Tsotetsi identified the area next to the vehicle as where the suspects had been lying after their arrest. Another photograph showed a remote control allegedly found inside the vehicle.

Le Roux questioned Tsotetsi about the remote after the defence previously suggested that a former witness, Capt Phimi Sekgobela, had sent an officer back to 8th Road to fetch the keys and remote before police searched Kekana’s property at 5th Road.

Tsotetsi denied that any member of Sekgobela’s team returned to retrieve the remote while he remained in charge of the 8th Road scene.

During cross-examination, Gissing put it to Tsotetsi that the police and metro police had arrived at 8th Road in unmarked vehicles.

“My instructions are that all the vehicles were unmarked. Do you agree?” Gissing asked.

“Yes, I agree,” Tsotetsi replied.

Gissing then put it to Tsotetsi that Kekana’s version was that a traffic officer fired two warning shots into the air before officers approached the suspects.

“I disagree with that. No one fired any warning shots. There was no reason for shots to be fired,” Tsotetsi replied.

Gissing said that Kekana was never moved from lying on his stomach with his hands cuffed behind his back, contrary to Tsotetsi’s earlier testimony.

“My instructions are that you are not telling the truth and that you are the one distorting the facts. He never changed position. He was never moved from lying on his stomach, and the handcuffs were never moved from behind his back to the front,” Gissing said.

Tsotetsi rejected the allegation.

“After Musa complained that he was uncomfortable, I instructed the [police] members to remove the handcuffs from behind his back and place them in front,” he said.

Gissing also put it to Tsotetsi that Kekana had been severely assaulted after being taken to 5th Road.

“My instructions are that accused number one was not informed of his rights at 5th Road and that he was severely tortured while police searched the premises,” Gissing said.

He further alleged that Kekana was assaulted all over his body and suffocated with a plastic courier bag.

Tsotetsi denied witnessing any assault.

“That is not true,” he testified. “What surprised me is that accused number one later returned to 8th Road and never mentioned that he had been assaulted or tortured. He also did not appear to me to be someone who had been assaulted.”

When Gissing told the court that Kekana had reported the alleged assault to hospital staff after being admitted later that night, Tsotetsi maintained that Kekana had opportunities to report it earlier.

“When he returned to 8th Road, there were police officers present who did not work with us,” Tsotetsi said. “He had another opportunity to report that he had been assaulted or tortured and ask for assistance to open a case.”

Proceedings were adjourned before Gissing completed his cross-examination.