A police officer has given evidence that he drove a white Toyota Fortuner to the scene where accused number one in the Matlala case was arrested, contradicting evidence previously given by his commander that no Fortuner was at the scene.
Warrant Officer Johannes Phiri, who is attached to the Tactical Response Team, was testifying on Thursday in the trial-within-a-trial into whether evidence obtained after Musa Kekana’s arrest on 17 April 2024 can be used in court.
He told the court that he received a telephone call early that morning while he was still in bed.
He got dressed within minutes and drove to a parking area at Midway Mall, where police officers met before the operation.
From there, he said, he followed a convoy to the address where Kekana was arrested and later went with the group to a second property.
Under cross-examination by Advocate Riaan Gissing, who represents Kekana, Phiri was told that Captain Sekgobela had previously testified that there was no Fortuner, particularly no white Fortuner, at the arrest scene.
Sekgobela had also said that Fortuners had not yet been issued to the team at the time.
Phiri agreed that the vehicles had not been issued to the unit. He nevertheless maintained that he drove a white Fortuner to the scene.
When Gissing asked whether he agreed with his commander’s evidence, Phiri said he could not comment.
“He’s the one that gave that evidence, maybe you should call him back to clarify,” Phiri said.
Gissing then put it to Phiri that he appeared unwilling to accept that his commander had given false evidence to the court.Phiri again said he could not comment.
Gissing told the court that he would argue that the witness was refusing to answer the question.
The vehicle described by Phiri was also linked to a registration number in a vehicle movement report, which both the State and defence accepted as an accurate record.
Gissing put it to Phiri that the report showed the vehicle arriving at the scene at 8.50am and leaving at 3.55pm.
Phiri said he could only comment on the movements of the vehicle he personally drove.
Gissing then put it to him that both he and Sekgobela had given the court false evidence about the movements of the vehicles.
Kekana’s version, put to Phiri during cross-examination, is that he was arrested, handcuffed and placed in the back of a white Fortuner. Phiri denied this.
He said Kekana was not placed in the Fortuner he was driving and that he was alone in that vehicle when the convoy travelled to the second property.
Phiri said Kekana was instead placed in a white Golf 7.
He identified Sergeant Ledwaba as the driver of the Golf, with another police officer and the captain also inside.
He could not remember exactly where they were seated and could not recall the Golf’s registration number.
According to Phiri, the Fortuner was left at the second property while he used another vehicle to travel to an Engen garage on the R59 to check on a third suspect.
He estimated that he was away for four to five hours. He said he did not enter the property when he returned.
There was also a disagreement over which vehicle Phiri drove from the briefing point.
Gissing put to Phiri that Colonel Tsotetsi had testified that Phiri drove a white BMW from the briefing point.
Phiri rejected this and maintained that he drove the white Fortuner.
The officers have also given different accounts of where the briefing took place.
Sekgobela placed it in Bramley, while Tsotetsi described a location near a shopping centre.
Phiri said the briefing took place in the parking area at Midway Mall, which he said falls under Bramley.
Phiri also admitted that he did not sign the vehicle logbook when he took the Fortuner that morning.
He said he did not think it was necessary because he had driven the same vehicle the previous day.
He later told the court that the logbook, known as a SAP 312B, would show that he was the driver of the Fortuner that day.
Phiri also confirmed that he made his statement in the case on 9 September 2026, one day before giving evidence and almost two and a half years after the arrest.
He confirmed that he had access to vehicle movement information before making the statement.
He initially said he had not relied on the information but later accepted that he had used it to refresh his memory.
Sergeant Ledwaba, whom Phiri identified as the driver of the vehicle in which Kekana was allegedly transported, is expected to testify on Friday.
The State asked for Ledwaba’s evidence to be postponed because of health reasons.
The court granted the application.
The trial-within-a-trial continues.
