By Lehlohonolo Lehana.
The pre-trial hearing of controversial businessman Vusimusi “Cat” Matlala, together with his four co-accused, commenced this morning at the High Court in Johannesburg.
Last week, Matlala, his wife, Tsakane, and three others appeared in the High Court for a pre-trial hearing.
Matlala, Tsakane and three others have 25 charges, 11 of which are for attempted murder.
Matlala has featured prominently in Madlanga Commission of Inquiry, being accused of infiltrating the police service and scoring dodgy tenders.
During the proceedings, Matlala’s lawyers pleaded with the court for his removal from the country’s only super-max prison, eBongweni in Kokstad.
Advocate Annelene van den Heever for Matlala, informed the court that renewed correspondence had been sent to Correctional Services National Commissioner Makgothi Thobakgale, requesting approval for her client’s relocation to a Gauteng prison.
According to van den Heever, an initial letter sent on 15 January went unanswered, prompting the defence to serve a second letter on Tuesday, 3 February.
“As of this very moment standing here, we are yet to receive an answer,” she told the court.
The state confirmed that a risk assessment had been conducted by correctional authorities, but said its contents would not be shared.
“They said it’s confidential,” state prosecutor Elize le Roux said.
Judge William Karam reiterated the High Court was not the appropriate forum to resolve disputes over prison placement and encouraged Matlala to seek urgent relief through a separate court process.
“The court reiterates that the court sympathises with you, “Karam said, while acknowledging that the Department of Correctional Services had reasons for effecting the transfer.
Beyond the dispute over Matlala’s detention, the defence also raised concerns about the state’s disclosure of evidence.
Van den Heever confirmed that additional disclosures of the case docket were provided earlier in the week. However, the legal team had been unable to assess the one-terabyte (TB) information.
According to the defence, the material was not in a “readable format” and required specialised software or a platform to access.
She told the court that the prosecution had indicated it would attempt to resolve the issue, but said this was insufficient given the implications for her client’s constitutional rights.
“However, this has an impact on a number of my client’s rights, one of which is our right to a speedy trial. It also impacts my client’s right to bring a bail application on new facts.”
Van den Heever asked the court to allow time for administrative issues to be addressed before advancing any applications relating to Matlala’s detention or bail.
“I’m going to ask that the matter stand down. I have not had the opportunity to consult with my client, give feedback, take proper instructions from him on certain issues and explain to him what happened.”
The matter was postponed to 12 February.
Matlala is linked to, among others, the coordinated syndicates responsible for the looting of over R2 billion meant for healthcare in Gauteng, the attempted murder of his ex-lover and is believed to have played a role in the capture of some key members within law enforcement agencies.