‘Look at the Senzo Meyiwa case’ – judge in KT Molefe case says no more delays

Judge Thifhelimbilu Mudau has called on all counsel in the Katiso ‘KT’ Molefe case to align their diaries to avoid another Senzo Meyiwa trial.

On Monday, Molefe, Michael Pule Tau, Tiego Floyd Mabusela and Musa Kekana returned to the Johannesburg High Court, where their trial was expected to begin. They face 35 charges, including murder, conspiracy to commit murder and unlawful possession of firearms and ammunition.

The state alleges that Molefe orchestrated the murder of Oupa Sefoka, popularly known as DJ Sumbody, who was gunned down on 20 November 2022 in Woodmead, Johannesburg.

According to the state, forensic evidence links the high-calibre rifles used in DJ Sumbody’s murder to several other high-profile killings, including those of Hector Buthelezi (DJ Vintos), Don Tindleni, and Armand Swart.

Molefe trial delayed

The trial did not begin on Monday because Mabusela and Kekana are suspects in a trial-within-a-trial in the case against tenderpreneur and alleged cartel member Vusimuzi “Cat” Matlala.

Kekana and Mabusela are suspects alongside Matlala, Matlala’s wife Tsakane Matlala and Nthabiseng Zandile Nzama. Kekana and Mabusela are also using the same legal representatives in both cases.

In this case, they face 25 charges, including attempted murder, conspiracy to commit murder, fraud, money laundering and the illegal possession of firearms and ammunition. The charges relate to a series of alleged botched hit attempts between 2022 and 2024.

The Matlala case must first be concluded before the high court can proceed with the DJ Sumbody murder trial.

This is because the judgment on the admissibility requirements that were disputed in the Matlala matter will have a bearing on the DJ Sumbody matter.

“I’m hoping that by the end of the second term, that trial might conclude, as this matter obviously has implications, particularly for those who are in custody,” said Judge Mudau.

“I think it’s regrettable that it is the same counsel on behalf of the State, the same counsel on behalf of the accused who are appearing. In other words, all of you are straddling both matters, as it were. And that is why there is a delay in this one.”

‘No more delays’

Judge Mudau asked all counsel involved in the case to align their diaries to ensure that, when the trial begins, there are no more delays.

“Otherwise, you’ll be running a trial for the next five years, which defeats the entire purpose of a speedy trial. I’ve tried it. It works that way. This court’s efficiency and how trials must run is how it’s supposed to be.

“Trials must run like that. If a trial requires so many witnesses, I can’t see why we cannot then block book the next two terms. Otherwise, you’ll be here on a piecemeal basis for the next 10 years. It does not work. It’s not in the interest of anyone, least of all the accused.

“Let’s run it. If it means two terms, three terms, let it be. Otherwise, you are going around in circles. Let’s look at Senzo Meyiwa’s case, and maybe I’m citing that by way of example. We can’t have that happening. 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. Let’s free up court space.”

The case was postponed to 19 July, 2027.

Bail conditions

Molefe’s legal representative asked to amend the condition requiring him to check in at a local police station three times a week, saying it was limiting for a man allowed to travel within the country.

“If you have to report three times a week, you’ve got no time to go anywhere before you’ve got to be back to report at the local police station. So, we have reached an arrangement that the bail conditions remain exactly the same, except that, with five working days’ notice to the South African police and the State, he is entitled to tell the State where in South Africa he’s going and which police station he will report to there,” said Molefe’s defence.

“So the bail conditions remain the same, save we ask your Lordship to recognise that he can report at a nominated different police station when he does travel within the country after five days’ notice to the investigating officer and the State.”

However, the judge said the State, not Molefe, would dictate which police station he reports to. This is because police stations do not operate the same way.

“Let’s face reality; stations don’t work the same. You might find that at a particular police station, they don’t have capacity for him to report, and then questions start coming up,” said Judge Mudau.

“The accused is not obliged to report only at the Morningside police station, but to advise the State five days in advance to which place in South Africa he is going to travel, and the State will indicate the police station at which, at that place, he must report.”