Judge warns against ‘another Senzo Meyiwa’ after delay in Katiso Molefe case

The ongoing trial of Vusimusi Cat” Matlala has put brakes in the case of alleged cartel member Katiso “KT” Molefe, whose matter was supposed to start on Monday but has now been postponed to July 2027.

That is because two of the accused in Molefe’s case are also the accused in Matlala’s case.

As a result, it was decided at the Johannesburg high court that Molefe’s case will only begin once Matlala’s has concluded.

Molefe, Michael Pule Tau, Tiego Floyd Mabusela and Musa Kekana face 35 charges that include the murders of DJ Sumbody and of Vereeniging engineer Armand Swart, who was a victim of a suspected mistaken identity killing.

While their matter did not sit and all the parties agreed to a postponement, judge Thifhelimbilu Phanuel Mudau gave a stern warning for the case not to drag in a similar manner to that of Senzo Meyiwa, which was a murder trial in 2014. His alleged killers were arrested in 2020. The trial started in 2022, but had to start afresh in 2023 after the initial judge on the matter was suspended.

“Let’s look at Senzo Meyiwa’s case, and maybe I’m citing that by way of example. We can’t have that happening,” Mudau said.

We are unfortunately proceeding at a glacial pace there

—  Elize Le Roux, prosecutor

Prosecutor Elize Le Roux told the court that the lawyer in the Molefe case is the same as in Matlala’s case, making it impractical for the trials to proceed simultaneously.

She said the other matter was expected to continue for the remainder of the current term, and would resume in the first term of next year.

“We are unfortunately proceeding at a glacial pace there,” Le Roux said.

She explained that the state’s aim was to conclude the other trial by the end of the second term next year, allowing the Molefe matter to begin on July 19 2027. “That is our aim. That is our committed aim,” she said.

Le Roux also acknowledged the impact of the delay on the accused, saying the court was “acutely aware” that Molefe, Tau and Mabusela remain in custody.

Molefe’s lawyer Michael Hellens confirmed that the defence did not oppose the postponement. He said the legal teams had been given early notice of the arrangement and had cleared their diaries accordingly.

“We’ve all cleared our diaries and taken other work, and we agreed to the postponement,” Hellen said.

If it means the whole year, let it be. Line up your witnesses. That’s how it should be so that we can take up other cases and free up court space

—  Judge Thifhelimbilu Phanuel Mudau

Mudau questioned why the matter was being set down for only one term, and insisted that the parties plan for a continuous trial.

“A running trial means exactly that. In other words, you start to begin. If it means three days running, one day after the other, that is how it should be. Otherwise, you’ll be running a trial for the next five years,” the judge said.

“It’s not in the interests of anyone, least of all the accused.”

He instructed the legal teams to line up their witnesses and block-book sufficient court time so that the trial could run continuously once it begins.

“If it means the whole year, let it be. Line up your witnesses. That’s how it should be so that we can take up other cases and free up court space,” he said.

The judge also stressed that the lawyers needed to plan their diaries around the trial, saying the court’s efficiency could not be held hostage by other commitments.

“Counsel’s diary is counsel’s diary. This court’s efficiency and our trust must run.”

Sowetan