The trial of alleged underworld figure Vusimuzi “Cat” Matlala and his four co-accused resumed on Friday, 24 July 2026 with the testimony of the State’s second witness, Christiaan Frederick Shepherd, who asked that he not be photographed.
The State indicated it would proceed with evidence on the merits before the proceedings shifted into a trial-within-a-trial on the admissibility of evidence relating to accused No. 1, Musa Kekana.
Shepherd told the Johannesburg High Court that, in April 2024, he was attached to a special operations unit.
He testified that at about 7am on Wednesday, 17 April 2024, Captain Sekgobela contacted him and provided descriptions of two vehicles allegedly linked to a murder investigation, a white Hyundai i20 and a silver Mercedes-Benz.
“I was also given a possible address where the vehicles might be found, ” he told the Court.
Driving an unmarked vehicle, Shepherd went to the address.
Although neither vehicle was present, he noticed a white Mercedes Viano parked halfway up the driveway on a patch of grass.
Captain Sekgobela instructed him to continue observing the property.
He said that he made a U-turn and parked about 150 to 160 metres away on the pavement, choosing the spot because it gave him an unobstructed view.
At about 8:35am, he said, he saw a white Hyundai i20 matching the registration number given to him approach the property with two male occupants.
“The driver wore a mustard, coloured long-sleeved shirt, while the passenger wore a grey long-sleeved jersey with a white collar visible at the neckline and sunglasses.
The Hyundai entered the property through a metal gate and disappeared from view,” he explained.
He said he remained in contact with Captain Sekgobela while continuing his surveillance.
A short time later, the Mercedes Viano left the property.
He testified that he recognised its driver as the same man who had been driving the Hyundai i20, identifying him through the open window and by the clothing he was wearing.
“When they arrived they were relaxed and when they left they were still relaxed,” Shepherd told the court.
He followed the Viano through several turns until it stopped outside a property in what he described as a quiet, enclosed area with little pedestrian traffic.
He testified that he never lost sight of the vehicle.
He said that he saw a man emerge from the property wearing denim clothing with reflective stripes and carrying a large cellphone.
Within seconds, Captain Sekgobela, other members of the police team and additional SAPS officers arrived.
According to Shepherd, officers approached the Mercedes Viano with firearms drawn, shouting for the occupants to raise their hands, open the doors and get out.
The driver and passenger were instructed to lie on the grass next to the vehicle.
Captain Sekgobela then asked Shepherd to confirm whether they were the same occupants he had observed earlier in the Hyundai i20.
Shepherd testified that the driver was turned over so he could see his face.
The driver identified himself as Musa Kekana, (accused no 1) whom he said was still wearing the mustard -coloured shirt he had observed earlier.
The second occupant identified himself as Michael Pule Tau.
Shepherd told the court there was no blood at the scene and maintained that no duress was used against Kekana.
He estimated that five law-enforcement vehicles were present.
Trial-within-a-trial
After the lunch adjournment, proceedings shifted to a trial-within-a-trial to determine whether evidence relating to Kekana’s arrest, the subsequent search and seizure, and any statements allegedly made by him are admissible.
Counsel for Kekana, Advocate Riaan Gissing made it clear that Kekana is challenging the admissibility of that evidence.
He argued that Kekana’s constitutional and statutory rights had been violated.
In response, the State said it would rely on provisions permitting arrest without warrant, searches and arrests, arguing that Kekana consented to the search.
Alternatively, it contended that the circumstances were sufficiently urgent to justify proceeding without a warrant.
The State argued that Kekana not only complied with police instructions but cooperated with investigators, adding that police already possessed the Hyundai i20’s details and the address under surveillance and did not require his assistance to obtain that information.
Judge Cassim Moosa explained in detail the purpose and legal principles governing a trial-within-a-trial before evidence continued.
The matter was adjourned until Monday, when Gissing is expected to begin cross-examining Shepherd.
