*NB: The newspaper version of this story has been updated to include the NPA’s comments.
The National Prosecuting Authority (NPA) has failed to provide direct evidence implicating former ANCYL leader Kabelo Matsepe in the R2-billion VBS Mutual Bank fraud case.
This is contained in the NPA’s answers to a list of questions asked by Matsepe’s legal team regarding the evidence that links him to the alleged crime, dubbed the “VBS bank heist”.
In its answers, the NPA simply said it would rely on circumstantial evidence when prosecuting him along his other nine accused.
Matsepe, who is accused 10, asked the NPA to provide evidence showing when and where he joined or was associated with the alleged VBS criminal enterprise.
State prosecutor Hein van der Merwe replied by saying the state does not have such evidence. “It is at present unknown to the state precisely when and where accused 10 joined and/or associated himself with the ‘enterprise’ [when it] was formed,” he said.
However, Van der Merwe said the state would rely on circumstantial evidence
“It will be alleged by the state through circumstantial evidence that accused 10 at the latest started to associate himself with and/or commenced with the activities of the ‘enterprise’ during the period July 2016 at or near the Fusion Hotel in Polokwane, up to 19 September 2017 at or near the Ranch Hotel near Polokwane,” he said.
When Matsepe asked with whom he had conspired with, Van der Merwe responded by saying that the state did not know.
“It is at present unknown to the state precisely with whom accused 10 conspired to contravene the provisions of Poca.”
Poca refers to the Prevention of Organised Crimes Act.
“The state will rely on circumstantial and similar fact evidence for inference to be drawn that accused 10 at least conspired with accused 1, 2, 3 and 11.
VBS board chairperson Tshifhiwa Matodzi is accused number 1, Andile Ramavhunga is accused 2, Phophi Mukhodobwane is accused 3, and Limpopo ANC provincial strongman Danny Msiza is accused 11.
When asked when and where the alleged conspiracy occurred, the NPA replied: “It is at present unknown to the state precisely where accused 10 conspired to contravene the provisions… of Poca”.
When Matsepe asked how such conspiracy was formed, Van Der Merwe said they had no clue.
“The state will rely on circumstantial and similar fact evidence for an inference to be drawn that the gratifications were paid in such a manner as to disguise the original cause of the payments.”
On another four more questions Matsepe posed, Van der Merwe would only say that the state would also rely on circumstantial and similar fact evidence for an inference to be drawn that the gratifications were acquired in a corrupt manner and that the gratifications were paid in such a manner as to disguise a direct link to Msiza.
In the charge sheet, the state alleges that Matsepe solicited deposits of monies into VBS by municipalities from municipal officers, who, by doing so, acted in contravention of the Municipal Finance Management Act (MFMA).
Also, he allegedly influenced municipal officials to act in a manner that amounts to illegal, dishonest, and/or unauthorised and/or incomplete, and/or biased exercise in violation of the MFMA by placing municipal deposits at VBS.
It also alleged that the former ANC Youth league leader used his political influence, connections, and/or the payment of gratifications.
This, it says, was done to influence municipal officials to act as set out in the respective counts.
“It is at present unknown to the state precisely who all the municipal officials were that accused 10 influenced in respect of each count,” Van der Merwe said.
He added that it would take the statements of two other witnesses as well as circumstantial and similar fact evidence for inferences to be drawn in this regard.
NPA spokesperson Mthunzi Mhaga said the prosecuting authority would not discuss prosecutorial strategies that impact evidential material or engage media on the prosecution team leading the prosecution.
“However we deny your allegations of unhappiness among our prosecution team and are confident of sustaining the charges preferred against all accused in the VBS matter,” said Mhaga.
He said, “Issues of further particulars were currently subject of the prosecution process and therefore cannot be ventilated in the media save to deny your insinuations”.
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