PRETORIA - The North Gauteng High Court in Pretoria has issued a subpoena for a police captain who gave Mamelodi's notorious taxi boss Vusi "Khekhe" Mathibela his passport to travel out of the country thus allegedly violating his bail conditions in the murder case of businessman Wandile Bozwana.
The State is applying to have Mathibela’s R50,000 bail forfeited and his bail cancelled after he allegedly violated his bail conditions.
The State said that Mathibela, 32, was arrested while preparing to go on a holiday to Dubai despite his bail conditions preventing him from leaving the country.
In addition, the State earlier argued that Mathibela spent four days in Mauritius while out on bail for the murder of Bozwana.
Mathibela was arrested on a separate matter on March 13 on charges of extortion, intimidation and assault. He subsequently appeared in the lower court and is still in custody.
The taxi boss's lawyer Annelene van den Heever argued that Mathibela had complied with his bail conditions, including handing over his passport and a title deed to his property.
She said following arrangements between captain Xulu and his lawyer, Mathibela was given his passport to travel in 2017.
Xulu was initially part of the police's investigating team into the murder of Bozwana.
However, two officers who took the stand on Wednesday, disputed that Xulu was the investigating officer and said he was removed from the case with other officers.
Constable Evans Mongwe added that he was informed that Mathibela was in possession of his passport and did not hand it over.
Mathibela was granted bail in the Bozwana matter subject to a number of conditions which included that he was not to be arrested on any other offence after his release on bail.
He had to hand over his passport and was not allowed to leave Gauteng without the permission of the investigating officer. He may also not contact witnesses in that case
It is claimed that he, among others, intimidated and threatened a witness in the Bozwana case.
Mathibela's legal representative said it's important that Xulu be located so that he can clarify who handed Mathibela his passport.
The matter was postponed to 15 May.
At the time of his death in 2015, Bozwana was embroiled in legal wrangles with the North West province regarding the allocation of tenders.
Bozwana, a prominent businessman, was also chairperson of the North West Business Forum.
Some members of the forum believed the murder was a bid to silence him on his outspoken criticism of alleged corruption and the blacklisting of certain companies by the North West provincial government authorities.