Limits to recovery

Advocate Terry Motau warned yesterday that recovering money lost to fraud at VBS Mutual Bank would be a long process with limited success.

“I’m not optimistic that we will recover a huge amount. If I were a betting man, I would say we would get 20 to 30 cents in the rand,” Motau told parliament’s standing committee on finance.

He added that what he has termed the heist of VBS by corrupt directors was “not a victimless crime” because of the likelihood that it would take years to recover funds and not all depositors would be repaid in full.

“At least 3% of depositors we will not be able to fully refund.”

He said their deposits totalled “roughly R90 million”.

The South African Reserve Bank has secured guarantees from National Treasury of up to R100 000 per depositor for VBS. But Motau pointed out that this still left vulnerable depositors, such as a grandmother who had deposited her savings of R150 000 with the failed bank and a community stokvel that had half-a-million rands in its account.

Motau penned a damning 148-page forensic report detailing how nearly R2 billion was illicitly paid out to 53 people and entities by the failed bank, and recommended criminal charges be brought against those responsible.

Acting National Prosecuting Authority head Silas Ramaite told members of parliament that five state prosecutors were working on the case and giving guidance to the Directorate for Priority Crime Investigation, or Hawks. He stressed that Motau’s report served as a springboard for their investigations, but was not sufficient in itself to proceed with charges. “We don’t want to rely on it solely from the beginning knowing very well that there are already challenges,” he said. “It is likely to be taken on review.”

Motau, the Reserve Bank and National Treasury faced persistent questioning from members of parliaments as to when wrongdoing at VBS first became apparent.

Ismail Momoniat, Treasury’s head of financial sector policy, acknowledged irregularities were highlighted in October 2017 and said the authorities could have acted faster. But he added that forcing municipalities at that point to withdraw monies deposited at VBS would have triggered it’s immediate collapse. – ANA - Citizen reporter