Magistrate rejects Matlala plea deal, proposes 12-year prison sentence

Pretoria magistrate Ignatius du Preez on Wednesday tossed aside a plea agreement Vusi Matlala made with the NPA, saying it was too lenient for the charges he was trying to escape.

He said Matlala, who is facing corruption and fraud charges, was only using the plea as a bargaining tool to secure a lenient sentence. Du Preez said the accused lacked genuine remorse and there were no convincing personal mitigating factors.

On Wednesday Matlala appeared before Du Preez, who was expected to hand down judgment in the plea and sentence agreement between the Investigating Directorate Against Corruption (Idac) and Matlala.

Both Idac and Matlala had agreed on an eight-year sentence in exchange for information that would see more senior police members arrested and prosecuted, according to the state.

The agreement needed an approval by the court to take effect.

But the court found that the eight years’ direct imprisonment proposed for Vusimusi “Cat” Matlala was too lenient for the fraud and corruption charges he faces.

Du Preez suggested Matlala be sentenced to 12 years of direct imprisonment.

He postponed the matter to allow Matlala’s representative to consult with him and subsequently consult with the state on whether they agree to the court’s proposed sentence.

After a short adjournment, the defence requested more time to consult with their client. As a result, the matter has been postponed to July 13.

Before tossing the plea agreement out, Du Preez highlighted the provisions, limitations and implementations of section 105A of the Criminal Procedure Act, which was used to enter into the agreement between Matlala and Idac.

He said Matlala’s personal circumstances, which include the fact that he is a primary carer for nine children, were not a mitigating factor, as he does not live with all the children.

Du Preez said he viewed Matlala’s co-operation as a bargaining tool and said he was not genuinely remorseful.

“The accused’s willingness to co-operate with the authority only came on his arrest and on realising they were onto him. I am not persuaded the accused had genuine remorse,” he said.

“I view the accused’s willingness to assist the police as a bargaining tool aimed at securing a lenient sentence.”

Du Preez highlighted that Matlala was the one who submitted fraudulent documents and worked with senior police officials to advance their alleged criminal activities.

He said corruption has contributed directly to failing infrastructure, collapsing institutions and widespread poverty.

National Prosecuting Authority (NPA) spokesperson Kaizer Kganyago said should Matlala decide not to take the proposed sentence, it would mean the state will have to go to trial.

Speaking to the media outside court, Kganyago said the matter would go before a new magistrate, where it would have to be proved beyond reasonable doubt that Matlala is guilty of fraud, corruption and money laundering.

Kganyago said in principle there is an agreement on the guilty plea.

“It’s just the matter of sentencing that is different,” he said.

Kganyago said a plea agreement is a give-and-take situation, and the NPA is happy with what Du Preez has put on the table. He said the authority is waiting for a decision by the defence.

Kganyago said if the plea and sentence agreement collapsed, Idac would not use the contents of Matlala’s affidavit and would only focus on what its investigations have revealed.

In March, 12 senior police officers were arrested over allegations that they helped Matlala land an SAPS tender without following proper procedures.

Among them is Brig Rachel Matjeng, who claimed to be Matlala’s on-and-off girlfriend.

“Evidence presented before the Madlanga commission indicated that she had received cash and gifts from Matlala, which were said to be bribes.

She denied receiving gratifications from him, stating the money received was a “girlfriend allowance”.

Matjeng was dismissed from the police service on Tuesday for dishonesty, money laundering and receiving gratification.

In his plea agreement, Matlala admitted to having paid Matjeng a gratification.