The prosecution against the VBS Mutual Bank accused received new dates and interlocutory applications, following the controversial leaked affidavit by VBS Mutual Bank chair, Tshifhiwa Matodzi, who entered a plea and sentence agreement recently.
The remaining accused, which included former ANC Limpopo treasurer Danny Msiza, want to respond to various new applications and possible extensions on the trial, much to the prosecution’s consternation.
Msiza, who has been charged with his many other co-accused in the R2.3bn VBS Mutual Bank heist, has asked the Pretoria high court to temporarily stay his prosecution and for a separation of his case from the 13 other co-accused.
In court on Monday morning, Msiza’s lawyer, former National Prosecuting Authority (NPA) head advocate Shaun Abrahams requested “an indulgence” by the court. Msiza had filed his request Monday morning to separate his case from his co-accused.
Abrahams asked the court allow for his client to not be charged alongside the others, as Msiza faces “real, substantial prejudice” from the current structure of the charges. The other issue Abrahams noted was Msiza’s petitioning the Supreme Court of Appeal (SCA), after his application for “further particulars” (more information) from the NPA was rejected.
This also puts a spanner in the works, as that must still be ruled on by SCA president Mahube Molemela.
The recent plea and sentence agreement from Matodzi, who was previously “accused number 1”, has also meant the matter could be delayed.
However, advocate Hein van der Merwe, for the NPA, stressed the state was ready to proceed and the matter “should not be dealt with piecemeal.” He told Pretoria high court judge Peter Mabuse that courts “can’t let accused persons manipulate the system to suit them”. Van der Merwe noted the NPA was only provided with Msiza’s separation application that morning and the NPA had had no time to respond.
Abrahams said he took “exception to insinuation that [his] clients are delaying the trial”.
Van der Merwe stressed there was no need for further delays, as the only charge that had changed since the original indictment were the ones against Matodzi. “All the allegations [are] as contained in previous indictment,” he told judge Mabuse. He also argued that Msiza’s applications were a “second bite at the cherry” after his previous applications were dismissed.
Mabuse pointed out that essentially, it was only Msiza who was, at this stage, unwilling to proceed due to his application and separating his cases could let the others continue. Van der Merwe, however, rejected this, noting that a new directive in the NPA was to charge all accused together especially in corruption cases. He also noted that everyone had “ample opportunity to prepare”.
After a brief adjournment, the lawyers for the accused and the NPA finally agreed on timelines for the filing of new papers.
The matter will continue on August 14 but it is unlikely that witnesses will be called any time soon.
Meanwhile, the liquidation team of VBS has recovered R159m to date, of the R2bn siphoned from the bank. Matodzi also started his 15-year jail sentence last week after pleading guilty to 33 counts, including corruption, theft, fraud, money-laundering and racketeering.
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