In his affidavit which was read into record by Advocate Anneline van den Heever, Mathibela argued that his arrest was unlawful based on the information that he was being sought after.
“The applicant (Mathibela) read in an article on SowetanLive that he was being sought after because there was a warrant issued against his name after the arrests of his two co-accused in the matter on March 8.”
According to Mathibela’s affidavit, he called his attorney, Advocate Solomon Mkhabela to confirm whether he had heard about the warrant.
“Advocate Mkhabela then met with the applicant at Germiston police station with one of the investigating officers to find out the basis of the warrant,” he said.
Van den Heever further argued that the police could not produce the warrant and docket on which the charges were based.
Khekhe heads to court to challenge his arrest
Mamelodi’s number 1 Tsotsi Vusi “Khekhe” Mathibela will have to wait a few more days to know whether his arrest in connection with his extortion charges will be ruled unlawful.
Mathibela approached the North Gauteng High Court on an urgent basis to challenge the lawfulness of his March 13 arrest in connection with extortion charges.
Mathibela, along with Elias Skhosana and Stemmer Monageng, were fingered in allegations of extortion, intimidation, and assault after the trio allegedly terrorised the community of Mamelodi.
Skhosana and Monageng were granted bail for R25 000 each while Mathibela abandoned his bail application to challenge his arrest.
In his affidavit which was read into record by Advocate Anneline van den Heever, Mathibela argued that his arrest was unlawful based on the information that he was being sought after.
“The applicant (Mathibela) read in an article on SowetanLive that he was being sought after because there was a warrant issued against his name after the arrests of his two co-accused in the matter on March 8.”
According to Mathibela’s affidavit, he called his attorney, Advocate Solomon Mkhabela to confirm whether he had heard about the warrant.
“Advocate Mkhabela then met with the applicant at Germiston police station with one of the investigating officers to find out the basis of the warrant,” he said.
Van den Heever further argued that the police could not produce the warrant and docket on which the charges were based.
“Advocate Mkhabela was then made to wait like a fool at the police station while the police took the applicant on a “road trip” where he was assaulted in the process.”
The state argued that despite Mathibela’s surrender to the police, he was still arrested based on the fact that he was booked in by an investigating officer.
Judge Cassim Sardiwalla reserved judgment.
Mathibela was arrested after police minister Bheki Cele held meetings with the community in which they raised concerns about Mathibela’s reign of terror.
Cele said during the funeral of Matwetwe lead actor Sibusiso Khwinana three weeks ago that police only found Mathibela's "warm shoes" when they pounced at his house, but promised that the men in blue would hunt him down.