By Thapelo Molefe
The Gauteng High Court in Johannesburg on Wednesday blocked the defence from using photographs taken at the alleged shooting scene during the attempted murder trial of Vusimusi “Cat” Matlala and his four co-accused, ruling that the images had not been properly authenticated.
The ruling came as the cross-examination of State witness Bethwell Mzamo Cele continued.
Matlala, his wife Tsakane, alleged hitmen Musa Kekana and Tiego Mabusela, and Nthabiseng Nzama face a combined 25 charges arising from three alleged assassination attempts between August 2022 and January 2024.
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The State alleges that the targets were taxi boss and businessman Madoda Joe “Ferrari” Sibanyoni, Matlala’s former girlfriend Tebogo Thobejane, and music producer Seunkie Mokubung, popularly known as DJ Vettys. The photographs at the centre of Wednesday’s dispute relate to the alleged attack on Sibanyoni at Centurion Golf Estate.
Cele was working as a Bidvest security guard at Centurion Golf Estate when the shooting took place in August 2022.
Counsel for accused number two, advocate Nardus Grové, sought to use photographs he had taken at the estate earlier that morning to help the witness explain the layout of the scene, including the positions of the entrance, trees, parking area and where the shooting allegedly unfolded.
Grové argued that the photographs would make it easier for the court to understand the witness’s evidence and could avoid lengthy questioning or an inspection in loco.
“There is nothing complicated. These are simple still photographs of what the estate looks like,” he submitted.
State prosecutor advocate Elize Le Roux objected, arguing that the photographs had not been disclosed to the State and had been taken almost four years after the shooting.
She said the State already had still photographs extracted from video footage recorded on the night of the incident, which she described as “the best evidence” to depict the scene.
Judge Cassim Moosa upheld the objection, finding that the defence photographs lacked proper authentication.
“The objection by the State is sustained,” Moosa ruled.
The judge noted that the defence had previously challenged the State’s attempts to introduce visual material on technical grounds and said the same evidentiary principles had to apply to both parties.
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“We don’t know who the author is, we don’t have the evidence of that individual, we don’t know what it’s meant to depict,” Moosa said, adding that the State’s objection was reasonable.
Following the ruling, Grové requested a brief adjournment to inspect the State’s still photographs before deciding how to proceed with his cross-examination.
He indicated that, should the photographs not adequately show the features he wished to highlight, he could ask the court to conduct an inspection in loco at the golf estate.
Moosa granted the request and directed the State to provide the photographs to the defence before proceedings resumed.
Cele remained under cross-examination when the court briefly stood down.
