The start date of the VBS Mutual Bank heist trial has not yet been determined as the case has a number of interlocutory applications to deal with.
During the resumption of the case at the Pretoria High Court on Monday, the state prosecutor, advocate Hein van der Merwe, said the National Prosecuting Authority (NPA) will file papers to appeal the court’s judgment granting ANC bigwigs Danny Msiza and Kabelo Matsepe a relief to have a separate trial in the VBS matter involving 13 accused.
In August, the Pretoria High Court denied the request for a stay of prosecution relief in the VBS Mutual Bank heist case made by Msiza and Matsepe.
They requested that their cases be separated from those of the other 11 co-accused and that their prosecution be temporarily halted while the matter is resolved and permission to appeal to the Supreme Court of Appeal is applied for.
During court proceedings on Monday, Van der Merwe said the NPA will file its appeal papers by September 18.
Plan to oppose NPA’s application
He said the lawyers of all the accused have agreed to file replying papers by September 30.
Msiza and Matsepe’s lawyer, advocate Shaun Abrahams, a former head of the NPA, told the court that his clients will oppose the NPA’s application for leave to appeal.
Acting judge Peter Mabuse postponed the matter to October 9 for oral arguments to be heard on the NPA’s application to appeal the court’s ruling.
Msiza and Matsepe, along with 11 other accused, are charged with the R2.3-billion VBS Mutual Bank heist.
The only people found guilty and sentenced in connection with the case to date are former VBS Mutual Bank chairperson Tshifhiwa Matodzi and former chief financial officer Phillip Truter.
In July, Matodzi was found guilty on 33 counts of corruption, theft, fraud, money-laundering, and racketeering in violation of the Prevention of Organised Crime Act related to the VBS Mutual Bank collapse scandal.
The Pretoria High Court sentenced Matodzi to 15 years in prison on each of these counts.
He accepted a plea deal from the state and pleaded guilty. The sentences will run concurrently for an effective 15-year jail term.
The court also declared Matodzi unfit to possess a firearm.
In June 2020, Matodzi was arrested along with a number of other VBS staff members.
They included Truter, former treasurer Phophi Mukhodobwane, and former non-executive board members Ernest Nesane and Paul Magula.
The CEO of VBS, Andile Ramavhunga, was also detained.
10-year prison term
The same year, Truter entered into a plea to plead guilty on six counts of fraud, corruption, money-laundering, and racketeering.
He was sentenced to 10 years in prison, with three years suspended for five years. Truter was released on parole in 2024.
Matodzi mentioned that Matsepe, a businessman, was also an agent for VBS, appointed to source investment deposits, in his explosive affidavit that he submitted to the state as part of the plea agreement.
He claims that following their meeting with Matsepe, he later met Msiza at Polokwane’s Fusion Boutique Hotel.
“To my knowledge, Danny was Matsepe’s business partner. Matsepe was very interested in being appointed as a commission agent for VBS.
“I had indicated that VBS would pay a commission in the region of 2% for any investment that could be sourced by him from the municipalities.”
He added that he was aware of Matsepe and Msiza’s strong political ties and their potential to use them to persuade municipalities, particularly in Limpopo, to invest.
Matodzi said Matsepe was involved in irregular activities as he would regularly discuss strategies and proposals to generate more municipal investments.
Matodzi said Msiza did not have a direct relationship with VBS. His involvement with VBS came through his association with Matsepe and Moshate.
