The court has rejected controversial businessman and alleged underworld figure Vusimuzi “Cat” Matlala’s plea agreement. He appeared in the Pretoria Specialised Commercial Crimes Court on Wednesday.
The ruling comes after he entered into a plea and sentence agreement with the National Prosecuting Authority (NPA) over a controversial R228-million South African Police Service (SAPS) tender awarded to his company, Medicare24.
His appearance in court follows the separation of his matter from that of his co-accused, including national police commissioner Fannie Masemola and other senior members of the SAPS.
‘Accused kingpin in defrauding SAPS’
On Wednesday, Magistrate Ignatius du Preez rejected the plea and sentence agreement that would have seen him serve an effective eight years in prison for fraud, corruption and money laundering.
The magistrate said the proposed sentence was not just, finding that it placed too much emphasis on Matlala’s willingness to cooperate with investigators instead of the seriousness of his crimes.
“On the information placed before me, it was accused one who was the kingpin in the defrauding of the South African Police Service, assisted by persons holding office within the police service,” Du Preez said.
According to the magistrate, Matlala initiated the scheme, arranged the registration of the company involved, submitted fraudulent tender documents and orchestrated corrupt payments to influence the awarding of the contract.
‘Possessed with a corrupt, deceptive and devious mind’
“These facts, as admitted by accused one, two and three, tell the story of a person possessed with a corrupt, deceptive and devious mind, capable of orchestrating a carefully planned criminal operation,” he said.
Du Preez also dismissed claims that Matlala had shown genuine remorse by agreeing to assist the NPA.
“I am not persuaded that accused one, and by implication accused two and three, have genuine remorse,” he said, adding that Matlala only agreed to cooperate after his arrest when he realised authorities were closing in on him.
The magistrate said corruption and money laundering had caused immense harm to South Africa and warned that cooperation with investigators could not come at the expense of justice.
Matlala’s evidence ‘cannot come at cost of justice’
“The fact that accused one holds evidence against high-ranking officials cannot come at the cost of justice,” he said.
While acknowledging that Matlala’s evidence could help prosecute other suspects, Du Preez stressed that it remained the responsibility of law enforcement agencies to investigate and prosecute those implicated in corruption.
The court found that the agreed sentence of 15 years’ imprisonment, with seven years suspended, resulting in an effective eight-year prison term, did not adequately reflect Matlala’s role in the offences.
Instead, Du Preez proposed what he regarded as a just sentence of an effective 12 years’ imprisonment for Matlala after ordering that part of the sentence on the corruption counts run concurrently with the fraud sentence.
The proposed sentence is not final.
Both the State and the defence were handed copies of the court’s proposed sentence and given time to consider whether they accept it. If both parties agree, the court will proceed with Matlala’s conviction and sentencing. If either party rejects it, the plea agreement will fall away and the matter will proceed to trial before another court.
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- The Pretoria Specialised Commercial Crimes Court rejected Vusimuzi "Cat" Matlala's plea agreement related to a R228-million SAPS tender fraud case.
- Matlala was identified as the mastermind behind the fraudulent SAPS contract awarded to his company, Medicare24, involving corruption and money laundering.
- Magistrate Ignatius du Preez ruled the proposed eight-year sentence was insufficient, emphasizing the seriousness of Matlala's crimes over his cooperation.
- The court doubted Matlala's remorse, stating his cooperation was motivated by the inevitability of arrest rather than genuine contrition.
- A new sentence of 12 years imprisonment was proposed; both the State and defence must agree to proceed, or the case will go to trial.
His appearance in court follows the separation of his matter from that of his co-accused, including national police commissioner Fannie Masemola and other senior members of the SAPS.
On Wednesday, Magistrate Ignatius du Preez rejected the plea and sentence agreement that would have seen him serve an effective eight years in prison for fraud, corruption and money laundering.
"On the information placed before me, it was accused one who was the kingpin in the defrauding of the
"
Du Preez also dismissed claims that Matlala had shown genuine remorse by agreeing to assist the NPA.
"I am not persuaded that accused one, and by implication accused two and three, have genuine remorse," he said, adding that Matlala only agreed to cooperate after his arrest when he realised authorities were closing in on him.
"
While acknowledging that Matlala's evidence could help prosecute other suspects, Du Preez stressed that it remained the responsibility of law enforcement agencies to investigate and prosecute those implicated in corruption.
Instead, Du Preez proposed what he regarded as a just sentence of an effective 12 years' imprisonment for Matlala after ordering that part of the sentence on the corruption counts run concurrently with the fraud sentence.
Read More: Senior cop Rachel
