By Lehlohonolo Lehana.
The defence lawyer for African National Congress (ANC) members Danny Msiza and Kabelo Matsepe involved in the VBS heist have accused the National Prosecuting Authority (NPA) and police for refusing to fully disclose the docket, hindering their right to a fair trial.
Thirteen people appeared in the High Court in Pretoria on Wednesday on charges related to the two-billion-rand bank looting.
Former Limpopo ANC treasurer, Msiza and former ANC Youth League leader, Matsepe, seek a temporary stay of prosecution and case separation from other defendants.
Matsepe faces 39 of the 179 charges brought against the accused, while Msiza faces eight.
The pair are pursuing an application to separate their cases from their co-accused and/or temporarily stay their prosecution pending a bid to appeal a previous ruling dismissing their request for further particulars.
Their legal counsel Shaun Abrahams argued the state has failed to provide essential documents needed for their defence.
“First, we request the provisional stay, the second is a separation and the third is alternate relief. We are looking at ways to assist, Your Lordship” said Abrahams.
However, State Advocate Hein van der Merwe noted that Msiza and Matsepe requested further particulars as far back as 2021 but waited until last year to do so.
He suggested that their request came just as the case was ready to proceed to trial, implying an intention to delay the start.
Van der Merwe told the court that the applications will take years before they are concluded.
“Everybody was legally represented, everybody indicated they are ready for the trial to start and then we start with these applications. My submission is that only inferences that the timing of the further particulars and the indication that interlocutory applications are going to be brought was only with the intent to delay the start of the matter.”
Abrahams further argued that his clients “are suffering substantial irreparable trial-related prejudice” as a result of the state’s “persistence”, which had forced the duo to approach the SCA for relief.
“This delay, moreover, impacts the commencement and conclusion of the trial of applicants’ co-accused without unreasonable delay,” he said.
Asked about the timeline in the leave to appeal bid to the SCA, Abrahams told judge Peter Mabuse: “The timeline, with the greatest respect, is indeterminable; it’s out of our hands.
“We don’t know because heads of argument will have to be filed, a date will be set for hearing [and] we’ll have to await the judgment. It’s indeterminable,” he said.
Abrahams confirmed that they intended to take their appeal all the way to the Constitutional Court if it failed at the SCA and that this, too, would take an indeterminable time.
The hearing has now wrapped up with judgment reserved until Friday.
Meanwhile the Democratic Alliance (DA) member of Parliament Baxolile Nodada has called for the economic leaders who allegedly benefited from VBS Mutual Bank to be held accountable.
Nodada emphasised the need for accountability, stating that it’s time for those responsible to be held accountable, including politicians who allegedly benefited from this crime.
“While we see criminal prosecutions against VBS officials, the politicians implicated remain unscathed, raising serious concerns about the pace of justice.
“While we accept the charges against VBS officials, we are deeply concerned about the lack of progress in arresting the suspected politicians. The DA presented evidence, including testimony from a key figure in the VBS scandal, that Shivambu and Malema were involved in defrauding VBS Bank and its vulnerable customers,” he said.