A security guard who returned fire during an alleged assassination attempt told the Johannesburg High Court on Tuesday that he emptied 15 rounds from his pistol at three attackers armed with AK-47 rifles.
Bethwell Mzamo Cele was the first witness called by the State in the trial of alleged underworld figure Vusimuzi “Cat” Matlala and four co-accused.
His evidence relates to count 6, a shooting on 10 August, one of the incidents underpinning the attempted murder charges linked to accused 1, 2 and 3.
“I remember the incident as if it was yesterday,” Cele told the court.
He described a red Ferrari arriving at about 10:35pm, followed by a white Golf 7.
He was standing with a colleague, Khayalethu Francis Mazibuko who had come to hand him a two-way radio, when a white BMW approached slowly,
“The occupants opened the window and looked around, as if they were looking for someone,” said Cele.
According to him, the BMW made a U-turn, parked near the other cars, and two men jumped out and opened fire.
“The bullet missed me. We ran away,” Cele explained.
He said he pulled Mazibuko behind a tree, then returned fire, believing he struck one of the attackers as the gunmen turned their weapons on the Golf 7 and shattered its windscreen.
Cele told the court he fired 15 rounds from a Turkish-made 9mm pistol while lying on his stomach beneath trees near a flower pot.
“It was an ugly fight, it was bad. I even wished I had an AK-47,” he said.
He told the Court there were three men inside the BMW and three AK-47 rifles:
“One of the attackers, shouted in isiZulu, “
‘Yifa nja,’ ( Die, you dog)” he said.
He said he could not say who uttered those words.
After the gunmen fled, Cele said, he checked on Mazibuko, who was still on the ground, before the manager, police and an ambulance arrived.
He said he deliberately avoided assisting officers at the scene so as not to contaminate it.
The morning’s proceedings were dominated, however, by a legal battle over video footage of the incident, which the State sought to introduce through Cele.
Defence counsel objected, arguing that the footage’s origin, downloading process and authenticity had not been established, and that the State could not simply rely on a screenshot or extract of the footage.
Advocate Annelene van den Heever submitted that the State has failed to authenticate the footage.
She argued that proper expert evidence and a chain of custody were required before the it could be admitted.
“All these incidents have been overtaken by AI,” she told the Court.
The court sustained the objection, ruling that the footage must be authenticated before it can be admitted.
It remained unclear whether the State’s key witness and taxi tycoon Joe “Ferrari” Sibanyoni, would take the stand later on Tuesday or on Wednesday.
Matlala and his co-accused, Musa Kekana, Tiego Floyd Mabusela, Tsakani Matlala and Nthabiseng Nzama face 25 charges, including 11 counts of attempted murder linked to three shootings allegedly committed between August 2022 and January 2024. All five pleaded not guilty on Monday. The trial continues.
