By Johnathan Paoli
The attempted murder trial of alleged underworld figure Vusimusi “Cat” Matlala and his four co-accused is set to begin hearing evidence on Tuesday after the Johannesburg High Court concluded preliminary proceedings.
Presiding over proceedings on Monday, Judge Cassim Moosa warned the accused that they face life imprisonment if convicted on the most serious charges and urged them to actively participate in their defence.
“I do not want you to sit in the accused dock, relax there and contemplate life. I want you to take an active part in your defence during the course of this trial. It is your trial, it is your duty to ensure that you participate. It doesn’t mean that you’re sitting in a movie house and you’re just watching what’s happening,” Moosa said.
The proceedings were largely dominated by legal arguments over the trial schedule before all five accused entered pleas of not guilty to the 25 charges against them.
The case relates to three alleged failed assassination plots between August 2022 and January 2024, targeting actress and media personality Tebogo Thobejane, businessman and Mpumalanga taxi boss Joe Sibanyoni, and music producer Seunkie “DJ Vettys” Mokubung.
Before the trial could proceed, counsel for accused number one, Musa Kekana, applied for an interruption to the proceedings because of prior court commitments in August.
The application was opposed by advocate Annelene van der Heever, representing Matlala, who argued that an earlier court order directed that the trial proceed without interruption.
Moosa ruled that the trial would continue until August 7, adjourn from August 11 to August 28, and resume on August 31 until September 18.
After the pleas were entered, the judge explained the implications of the charges carrying prescribed minimum sentences.
“The state has preferred to charge you with the crimes of attempted murder read together with the provisions of section 51(1) of Act 105 of 1997, which prescribes, in the ordinary course, the imposition of life imprisonment unless there are substantial and compelling circumstances that justify a lesser sentence,” he said.
Moosa also told the accused that a conviction for illegal possession of a prohibited firearm carries a prescribed minimum sentence of 25 years’ imprisonment, while illegal possession of ammunition attracts a minimum sentence of 15 years unless a court finds substantial and compelling circumstances.
The judge directed that each accused be provided with writing materials to make notes during testimony before consulting with their legal representatives after cross-examination.
He assured the accused that the court would safeguard their constitutional rights throughout the trial.
“Remember what the court said at the outset, that we fight jealously to ensure that the accused persons enjoy the right to a fair trial, a right to a speedy trial, the right to adduce and to challenge evidence,” Moosa said.
He also urged the accused to immediately alert the court to any urgent issues arising during the proceedings.
The matter was then postponed to Tuesday morning, when the State is expected to begin leading evidence.
Moosa confirmed that accused one, two and three would remain in custody, while accused four and five would remain on bail.
Matlala, his wife Tsakani Matlala, Floyd Mabusela, Musa Kekana and Nthabiseng Nzama all pleaded not guilty to every count on the indictment.
The charges include attempted murder, conspiracy to commit murder, illegal possession of prohibited firearms, illegal possession of ammunition, fraud and money laundering.
According to the State, the first eight counts relate to the alleged attempted assassination of Sibanyoni at Centurion Golf Estate in August 2022.
Counts nine to 14 stem from the October 2023 shooting involving Thobejane, during which her companion, Anele Alicia Malinga, was wounded.
The remaining charges relate to the alleged plot to kill Mokubung.
The State further alleges that R20,000, intended as a partial payment for the planned killing of Thobejane, was transferred from Matlala’s business account to Nzama’s business account before R15,000 was allegedly paid into Mabusela’s account.
Prosecutors also allege that prohibited firearms and ammunition were used in connection with the alleged hit plots.
With preliminary proceedings concluded, the High Court is expected to begin hearing evidence on Tuesday.
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