Alleged underworld kingpin Vusimuzi “Cat” Matlala will next Wednesday learn whether a court accepts the plea and sentence agreement that could see him effectively serve eight years in prison after admitting his role in corruption linked to a controversial R360-million South African Police Service health services tender.
Court wants documentary evidence
The Pretoria Specialised Commercial Crime Court on Thursday postponed judgment to July 1 after magistrate Ignatius Du Preez said he was not yet satisfied that the proposed sentence amounted to a “just sentence” as required by section 105A of the Criminal Procedure Act.
Instead of immediately approving the agreement, the court directed both the National Prosecuting Authority (NPA) and Matlala’s legal team to provide full copies of every judgment they relied on during argument by close of business on Friday.
Du Preez said he needed time to study the authorities together with the extensive documentary evidence, particularly Exhibit D, before deciding whether the agreement should be made an order of court.
“I am not in a position today to make a finding as to whether it is indeed a just sentence,” he said.
He added that, although the matter was urgent, fairness and the interests of justice required her to consider “all these factors cumulatively”.
Deal proposes eight years behind bars
The agreement proposes a sentence of 15 years’ direct imprisonment, with seven years suspended for five years, leaving Matlala to serve an effective eight years behind bars if the court approves the deal.
Matlala has also undertaken to cooperate with prosecutors in investigations into alleged corruption involving senior government officials and others implicated in the awarding and execution of the SAPS contract.
During the argument on Thursday, the state told the court that Matlala’s cooperation would assist authorities to prosecute other suspects allegedly involved in the scheme.
His lawyer, Hlawu Maluleke, submitted that the interests of justice would be served by approving the agreement, saying Matlala had acknowledged the wrongfulness of his conduct and had committed himself to assisting prosecutors.
Maluleke also told the court that the evidence provided by his client implicated “very high-ranking officials” in alleged wrongdoing linked to the tender.
The defence further argued that a substantial portion of the money received under the contract was paid out as bribes and commissions rather than retained by Matlala.
Proposed sentence ‘requires scrutiny’
Despite those submissions, Du Preez indicated that the proposed sentence required closer scrutiny before the court could determine whether it adequately reflected the seriousness of the offences.
The court also reminded the parties that section 105A permits a court that is not satisfied with a proposed sentence to suggest amendments to the plea and sentence agreement, after which both the prosecution and the accused may decide whether to accept the proposed changes.
Should the agreement be accepted, the court will convict Matlala on the agreed charges before imposing sentence.
However, Du Preez stressed that no conviction has yet been recorded.
“It must be noted the accused has not yet been convicted of any of the counts. The judgment will only follow if the court finds that indeed it is a just sentence,” he said.
Matlala was remanded in custody until next Wednesday. His incarceration relates to another case involving attempted murder charges, and he had not applied for bail on the SAPS tender case.
The court directed the prosecution to ensure he is transported from prison in time for proceedings after noting that awaiting-trial prisoners often arrive too late for morning hearings.
The matter will resume at 8.30am on July 1, when the court is expected to rule on whether the plea and sentence agreement satisfies the legal requirements for approval or whether changes should first be made before any conviction and sentence can follow.
- Underworld figure Vusimuzi "Cat" Matlala faces a possible eight-year prison term after admitting involvement in corruption related to a R360-million SAPS health services tender.
- The Pretoria Specialised Commercial Crime Court postponed judgment to July 1 to review if the proposed sentence meets the legal standard of a "just sentence."
- The plea and sentence agreement suggests 15 years' imprisonment with seven years suspended, pending court approval and Matlala’s cooperation in further corruption investigations.
- Magistrate Ignatius Du Preez requested comprehensive documentary evidence before approving the deal, emphasizing careful consideration of all factors and potential amendments.
- Matlala remains in custody on unrelated charges, with court proceedings resuming July 1 to determine if the agreement can be accepted or revised prior to conviction and sentencing.
Alleged underworld kingpin Vusimuzi "Cat" Matlala will next Wednesday learn whether a court accepts the plea and sentence agreement that could see him effectively serve eight years in prison after admitting his role in corruption linked to a controversial R360-million
Instead of immediately approving the agreement, the court directed both the National
Du Preez said he needed time to study the authorities together with the extensive documentary evidence, particularly Exhibit D, before deciding whether the agreement should be made an order of court.
"I am not in a position today to make a finding as to whether it is indeed a just sentence," he said.
He added that, although the matter was urgent, fairness and the interests of justice required her to consider "all these factors cumulatively".
Matlala has also undertaken to cooperate with prosecutors in investigations into alleged corruption involving senior government officials and others implicated in the awarding and execution of the SAPS contract.
His lawyer,
Maluleke also told the court that the evidence provided by his client implicated "very high-ranking officials" in alleged wrongdoing linked to the tender.
Despite those submissions, Du Preez indicated that the proposed sentence required closer scrutiny before the court could determine whether it adequately reflected the seriousness of the offences.
However, Du Preez stressed that no conviction has yet been recorded.
"It must be noted the accused has not yet been convicted of any of the counts.
Matlala was remanded in custody until next Wednesday. His incarceration relates to another case involving attempted murder charges, and he had not applied for bail on the SAPS tender case.
