Kekana torture claim back in court as Matlala trial stalls

Musa Kekana's bid to have evidence thrown out returns to the Johannesburg High Court today.

Kekana says police beat him, tied him up and suffocated him with a plastic courier bag during his arrest.

The trial is set to resume in court 4F at 14:00. The next defence witness recently gave birth and is expected to testify by video link from 2pm to 4pm.

The main attempted-murder trial against Vusimuzi "Cat" Matlala and his co-accused remains on hold. The court must first decide whether the disputed evidence can be admitted.

The case stalled again on Monday. Judge Cassim Moosa said on record that "there is no other defence witness here in court today". The court was also told two weeks earlier that one of the accused was writing an exam.

On Monday, the defence's expert, forensic pathologist Professor Gert Saayman, said the medical records show Kekana allegedly coughed up blood after the incident. He said this could fit some forms of assault that restrict breathing.

But Saayman said key information was missing from the hospital file. He had not seen scan or blood test reports that could explain Kekana's condition. He also raised concern that no properly completed J88 form was in the records.

Under cross-examination, the State asked him about police being present during Kekana's medical examination. Saayman said officers accused of assaulting a patient should not be in the room. He said the absence of visible injuries did not necessarily mean no force was used.

The State also put it to Saayman that alcohol could explain Kekana's hospital admission. Hospital records referred to alcohol poisoning during an earlier admission, and Kekana testified that he drank a bottle of Hennessy the night before his arrest. Saayman said the records were not enough to show that intoxication caused the admission.

Kekana also claims he was not informed of his rights and that police searched his home without a warrant. He was arrested in April 2024 in connection with the murder of Vereeniging engineer Armand Swart.

Matlala, Kekana, Tsakani Matlala, Tiego Floyd Mabusela and Zandile Nthabiseng Nzama face 25 charges linked to three alleged attempted murders between August 2022 and January 2024.

The alleged targets were Matlala's former girlfriend Tebogo Thobejane, businessman Joe Sibanyoni and music producer Seunkie Mokubung, known as DJ Vettys. All five have pleaded not guilty.

Matlala is set to return to the Madlanga Commission on 9 and 10 November.