Johannesburg – The police captain who led the arrest of accused No. 1, Musa Kekana in the trial of Vusimuzi “Cat” Matlala came under sustained cross-examination in the Johannesburg High Court on Tuesday over whether the accused’s rights were properly explained.
The defence argued that the official document recording those rights contradicts the captain’s own evidence.
The exchanges came in the trial-within-a-trial under way to determine whether evidence relating to the arrest, search and seizure of Musa Kekana may be admitted at the main trial.
Captain Phimi Alfred Sekgobela told the court he relied on section 22 of the Criminal Procedure Act, which permits warrantless searches in urgent situations or where evidence may be destroyed.
Sekgobela told the court that police recovered registration plates, cellphones and a small bag from the Mercedes-Benz in which the accused had been travelling.
He said he instructed an officer to wear surgical gloves while handling the items to avoid contaminating fingerprints or DNA.
Sekgobela said Kekana raised no objection to the search.
Sekgobela testified that the accused was coughing up blood so severely that an ambulance was called.
Before Kekana was taken to hospital, police asked him to remove his jersey so that any possible gunshot residue could be preserved, as he was suspected of involvement in a shooting.
“When he left my presence he had no injuries,” the captain said, adding that Kekana was never assaulted in his presence.
Sekgobela told the court that he explained the accused’s rights at the scene in Sepedi and, where necessary, in English.
He said he informed Kekana of his right to contact a family member or legal representative, to receive legal aid if he could not afford a lawyer, and to challenge his arrest and detention in court.
He also testified that he arrested Kekana on a charge of murder.
Under cross-examination by Advocate Riaan Gissing, appearing for Kekana, attention turned to the SAPS notice setting out an arrested person’s constitutional rights.
Sekgobela explained that officers do not carry the document at the scene, a suspect signs it at the police station.
The court heard that the document was signed at 8pm, about 11 hours after Sekgobela said he had explained the accused’s rights verbally at around 9am.
Gissing put a series of contradictions to Sekgobela.
Gissing pointed to the SAPS notice, which records that Kekana’s rights were explained at the Bramley and only in Sepedi.
He argued that this contradicted Sekgobela’s evidence that he had explained the rights at the arrest scene, in both Sepedi and, where necessary, English.
Gissing also pointed out that the document does not record that Kekana’s rights were explained at the scene that morning. Nor does it record that he was arrested on a charge of murder, as Sekgobela told the court.
“Then the document must be wrong, because it contradicts your evidence. The actual charge which is murder is not in the document,” Gissing said.
Sekgobela maintained that rights were explained verbally at the scene and later documented.
He testified that he added more charges at the police station, and might have forgotten to add the murder charge.
When questioned about how the accused’s signature was obtained, given his evidence that he had no further contact with Kekana after he was taken away by ambulance.
Sekgobela said he believed another member of the team had taken the document to him for signature.
He could not recall who that officer was.
Gissing put it to him that the document was fraudulent and that his evidence was untrue.
“Then this document is fraudulent because it’s contents is not true, it is not a true reflection of what happened. Your lies have been exposed, you’re not telling the truth… I’m merely highlighting all the problematic areas, the contradictions and the inconsistencies in your statement,” said Gissing.
“My instructions is that, at no stage you explained the rights to the accused or to Tau,” Gissing continued.
Sekgobela rejected this. “It cannot be fraudulent because the signature is mine and accused No 1’s signature is there,” he said, adding that the events dated to 2024, that police run many operations, and that a team member may have handled the document.
The court will determine whether the evidence relating to the arrest is admissible before the main trial resumes.
The defence has requested Sekgobela to bring his 2024 diary to court tomorrow, Wednesday, 29 July 2026. The aim is to see the sequence of events on that particular day of the incident and also if the evidence matches the diary entries.
Matlala and his co-accused, Kekana, Tiego Floyd Mabusela, Tsakani Matlala and Zandile Nthabiseng Nzama face 25 charges, including 11 counts of attempted murder arising from three alleged shootings between 2022 and 2024. All five have pleaded not guilty.
The trial-within-a-trial continues.
