Former Limpopo ANC treasurer Danny Msiza has won the battle to separate his trial from his co-accused.
Msiza stands accused of the corruption that brought VBS Mutual Bank to its knees almost seven years ago.
Msiza’s lawyer Maluks Attorneys had filed a motion to separate his trial from the rest of the accused. This application was heard in the Pretoria high court. He had been among 13 co-accused in the indictment.
Maluks said: “In further vindication of Mr. Msiza and Mr. Matsepe’s fair trial rights and inimical to the ongoing process, the high court granted Mr. Msiza and Mr. Matsepe’s application for a separation of trials, a decision which the National Prosecuting Authority (NPA) is now seeking to challenge in the SCA.”
Maluks alse represents Kabelo Matsepe.
Msiza says he is merely protecting his right to a fair trial
The firm said Msiza was a South African “who respect[ed] the rule of law and the integrity of our judicial system”.
This was to highlight that his application was necessary to protect his constitutional rights, not a delay tactic. Often famous suspects who pursue pre-trial litigation are accused of employing a Stalingrad defence. Msiza obviously wants to distance himself from this term.
“Whilst Mr. Msiza and Mr. Matsepe remain accused before the Pretoria high court, they have taken necessary legal steps to secure the fair trial to which they are entitled under our Constitution,” the firm said.
The case has been postponed numerous times
Msiza and Matsepe seek to force the state to expedite their trial which has been postponed numerous times.
At the heart of the dispute is, among others, that the trial seems to have stalled, and to force progress. Msiza to have his own case proceed. This is after the state had on numerous times asserted it was ready for trial.
The attorneys said Msiza had yet to receive the further particulars he had asked the state for.
“The case has, accordingly, been postponed to 18 August, with the optimism that these legal matters would have been resolved. We, and both Mr. Msiza and Mr. Matsepe, have become aware that certain witnesses have made references to Mr. Msiza and Matsepe in their testimony, references which are factually incorrect, and which are deliberately choreographed and misleading.
Extremely troubling accusations
“It is extremely troubling that these references – made in proceedings where both Mr. Msiza and Mr. Matsepe are in the most invidious and untenable position of not being in any position to respond – are being given undue prominence in media coverage, at times overshadowing the substantive matters at the heart of that case.
“While both Mr. Msiza and Mr. Matsepe strongly deny the allegations made, they remain severely constrained from engaging in any public discourse on ongoing court proceedings – especially in proceedings in which they do not have any involvement, neither as accused, nor as witnesses. When the time comes, and should Mr. Msiza and Mr. Matsepe be required to do so, they will endeavour to take both the court and the public into their confidence regarding their respective positions.
“Significantly, both Mr. Msiza and Mr. Matsepe remain innocent until proven guilty.”
Sunday World was unable to reach the NPA for comment.
