It is hard to imagine how, if at all, Julius Malema and Floyd Shivambu — leader and deputy leader of the EFF, respectively — can spin their way out of the legal imbroglio they find themselves.
Last week, Tshifhiwa Matodzi, the former chair of VBS, a mutual society bank for poor people, placed the pair and Dondo Mogajane, the former National Treasury director-general, at the VBS looting crime scene.
Matodzi disclosed, under oath, that he had authorised millions of rand in payments to EFF and ANC politicians. His witness statement, which was leaked to the media, secured him a plea bargain which will see him serve a 15-year jail sentence with effect from this week.
Unsurprisingly, the disclosures have elicited vehement denials from the EFF, ANC and the Treasury. This is understandable; Matodzi is a convicted criminal. Things he says must be taken with a pinch of salt.
Still, this new twist has a fresh dimension to it on several levels. After the May 29 general elections, the EFF and specifically its leaders are no longer as powerful as they were when the allegations surfaced several years ago. The party’s electoral fortunes have declined. Crucially, the EFF’s extortion machinery is ill-equipped to handle this curve ball. For a start, there is no clear candidate to extort in this case.
Though significant, Matodzi’s case is a sidebar. And he must pay for his crimes. The central case, implicating more than 10 people, has yet to be prosecuted.
Our anti-corruption laws are clear. Bribery does not start and end with the exchange of money or gratification. The meeting of the minds is sufficient to prove corruption.
This week also saw the EFF’s defence strategy, fronted by Dali Mpofu, take shape. At its core is the denial of any wrongdoing. Money — or donation, his preferred characterisation — was received from VBS and repaid when controversy erupted.
Our anti-corruption laws are clear. Bribery does not start and end with the exchange of money or gratification. The meeting of minds is sufficient to prove corruption.
Matodzi’s revelations come at an inopportune time for the EFF. Like most opposition parties, it has been outplayed by Cyril Ramaphosa’s ANC after the elections. It is in no position to influence anything. Deflections, such as invoking Ramaphosa’s own scandals, including the Phala Phala one, will hardly help this time around. This is the one time where the legal defence is more important than employing political theatrics.
The National Prosecuting Authority (NPA), which stands accused of being slow-footed on big fish, must be commended for the successful prosecution of Matodzi and Phillip Truter, the disgraced former CFO of the bank. That Matodzi is spending jail time is to be welcomed.
The public and the victims are right to be outraged at the release of Truter. Despite his plea bargain and good behaviour behind bars, which earned him a parole, three-and-a-half years in prison for enabling the looting of R2bn looks like a slap on the wrist and an affront to the victims.
Besides Malema and Shivambu, the NPA should charge the rest of the persons of interest, and get on with it. Similarly, the lawyers, auditors and consultants in various municipalities who enabled the illegal investments in VBS should also face the music.
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