The high court in Pretoria has ordered Advocate Terry Motau to apologise to Limpopo ANC treasurer Danny Msiza.
Motau had concluded after an investigation that Msiza on numerous occasions intervened by using his political influence to ensure that municipalities in Limpopo invested money into VBS Mutual Bank.
The court has found Motau’s conclusion, in his investigation titled “The great bank heist”, was prejudicial to Msiza and unconstitutional.
“The adverse findings and or negative remarks and or conclusions made by the first respondent (Motau) against the applicant (Msiza) in the report titled “The great bank heist” are reviewed and set aside,” the court ruled.
This comes hot on the heels of a decision by the ANC national executive committee to reinstate Msiza and the province’s deputy chairperson Florence Radzilani, who is also the former mayor of Vhembe municipality.
The party said last month that although the pair were mentioned in the Motau report, they were not among those charged by law enforcement agencies.
The court found that Motau failed to afford Msiza the right to procedural fairness and that his actions were unlawful and unconstitutional.
“It is declared that the first respondent’s (Motau) failure to afford the applicant an opportunity to be heard during the investigation phase is unlawful and unconstitutional in that it violated the applicant’s rights in terms of section 34 of the Constitution,” the court said.
