The trial of alleged underworld figure Vusimuzi “Cat” Matlala and his four co-accused will proceed after the Johannesburg High Court rejected an attempt to postpone the matter because of a defence advocate’s scheduling conflict.
However, the court granted a three-week adjournment in August to accommodate the advocate’s commitments in another criminal trial.
Proceedings got underway under heavy police security on Monday, with all five accused appearing in the dock. The matter was delayed until midday while legal representatives met in the judge’s chambers to resolve preliminary issues.
When court resumed, Advocate Riaan Gissing, who represents accused number one, Musa Kekana, asked the court to stand the matter down, saying he was already committed to another trial in the Benoni Regional Court from August 11 to 28.
Gissing told the court the Benoni trial dates had been allocated before the current matter was enrolled and that his client in that case was also in custody and entitled to a speedy trial.
He argued that proceeding in his absence could infringe his client’s constitutional right to a fair trial.
“I do not wish to be obstructive, and I submit that no prejudice will arise if this indulgence is granted,” Gissing told the court.
The application was strongly opposed by Advocate Annelene van den Heever, who represents Matlala and his wife, Tsakani Matlala, the third and fourth accused.
Van den Heever argued that the court was bound by an earlier order issued by Acting Judge Carrim directing that the trial continue uninterrupted until its conclusion.
Relying on the Constitutional Court’s judgment in the Jacob Zuma contempt matter, she submitted that court orders remain binding until they are set aside.
“This court is bound by the court order. We object and say the trial must continue. A court order is a court order,” she argued.
She also requested that the transcript of the earlier proceedings be made available to the presiding judge.
The State did not oppose Gissing’s application.
In his ruling, Judge Cassim Moosa acknowledged the existence of the earlier court order but said the court also had a responsibility to balance efficient case management with the fair trial rights of all accused, including the accused in the Benoni matter.
The judge ordered that the trial proceed immediately and continue until August 7 before adjournment from August 11 to 28. Proceedings will resume on August 31.
Matlala, Kekana, Tiego Floyd Mabusela, Tsakani Matlala and Nzama face 25 charges, including 11 counts of attempted murder arising from three separate shooting incidents allegedly committed between August 2022 and January 2024.
