WATCH | How Musa Kekana’s hospitalisation caused security fears among staff

Security concerns surrounding Musa Kekana’s hospitalisation came under scrutiny in the trial-within-a-trial in the Vusimusi “Cat” Matlala case.

This was after hospital notes in his medical records revealed that there were requests for additional security.

The issue was initially raised during Matlala’s lawyer Annelene van der Heever’s cross-examination of Dr Ziphelele Mazibuko, the state’s seventh witness, who treated Kekana on April 18 and 19 2024, following his arrest.

It was revealed in previous testimony that while lying handcuffed on the ground, Kekana complained that he was uncomfortable and unwell, and coughed blood.

Kekana is charged alongside Matlala, his wife Tsakane Matlala, Tiego Floyd Mabusela and his daughter Nthabiseng Nzama. They face 25 counts, including conspiracy to commit murder, money laundering, and the attempted murders of actor and Matlala’s ex-girlfriend Tebogo Thobejane and taxi boss Joe “Ferrari” Sibanyoni.

It was only later, during Judge Cassim Moosa’s clarification of the evidence, that Moosa returned to the issue after examining hospital notes which recorded additional security measures around Kekana.

The note recorded that a transfer to Tembisa Hospital was not possible, “body checks” had been implemented, no one was allowed upstairs to improve security, and the matron was to speak to prison officials about the possibility of additional staff for the night.

Moosa asked Mazibuko what the reference to “body checks implemented” meant. “I would understand it as they would search the patient to see if there’s anything of concern,” she replied.

The judge then read the remainder of the entry, including: “No one allowed upstairs to improve security” and “matron to speak to prison for possibility of more staff for tonight”.

Moosa asked Mazibuko to consider the entries collectively. “My comment is that it seems like the staff themselves were fearing for their security,” he said.

He then clarified his question, asking whether the concern was that there might be a “dangerous exchange” and that security therefore needed to be increased for the night.

Mazibuko agreed with that interpretation.

Moosa then asked whether the notes could mean that there was concern Kekana could be forcibly removed from the hospital.

“How I understand this note is that the night matron had called the doctor and they were concerned that the patient called someone during the day and requested them to possibly take him from the hospital,” Mazibuko said.

The judge’s line of questioning prompted a heated objection from Kekana’s defence lawyer Riaan Gissing, who argued that the court was going beyond clarification and was effectively introducing new evidence.

“I’m of the respectful submission, with the greatest of respect, my Lord, that what this Honourable Court is doing right now is inducing further and new evidence on record,” Gissing said. “I’m not so certain whether this constitutes your Lordship entering the arena.”

Prosecutor Elize le Roux disagreed, arguing that the documents being questioned had been submitted by the defence and were before the court.

Moosa ultimately dismissed the complaint.

“It cannot be now argued selectively that the court must ignore certain parts of this particular document. It is striking, however, that any and all documents that are placed before a court should and must be carefully considered by the court as the trial of fact,” Moosa said.

Gissing had also asked Mazibuko about Kekana’s treatment and circumstances while under police guard at the hospital.

However, Mazibuko revealed that she also could not recall Kekana telling her that police, particularly a station commander from Bramley police station, were pressuring her to discharge him because they wanted to return him to the cells.

It was also put to Mazibuko that, on April 20, Kekana had left the ward accompanied by SAPS members and was taken to the Bramley cells.

“I cannot recall that happening, nor can I confirm it, because if I can remember correctly, the 20th was a Saturday and I wasn’t working,” she said.

Proceedings are expected to continue on Thursday with a new witness.

Sowetan