Msiza looks to ANC for redemption
Court rules in VBS accused’s favour
ANC Limpopo heavyweight Danny Msiza says he is vindicated by the high court judgment that reviewed and set aside adverse findings against him on the looting of VBS Mutual Bank.
Msiza yesterday told Sowe- tan that the court judgment further proved that every citizen of the country should be presumed innocent until proven guilty.
Judge Vivian Tlhapi yesterday found that advocate Terry Motau acted unlawfully and unconstitutionally by failing to hear Msiza’s side of the story before releasing “The Great Bank Heist” report which made adverse findings against him.
Tlhapi did not make any ruling on the merits of the report or allegations against Msiza in the collapse of VBS, but reviewed and set aside Motau’s report for having failed, procedurally, to afford Msiza his right to be heard prior to its release.
The report said Msiza had used his political power to intervene numerous times to influence municipalities in Limpopo to invest in the now defunct bank through his associate Kabelo Motsepe who stood to be rewarded with commission.
The report was scathing of
Msiza, describing him as the “kingpin in the so-called commission agent”.
“I’m deeply humbled and elated with this judgment. This judgment is the very affirmation of the supremacy of our constitution and the independence of our judiciary,” Msiza said.
“The message it sends is that no one’s right, regardless of how insignificant he or she is, should be trampled or violated,” he said.
The elated Msiza said he was now awaiting to hear from the ANC national executive committee on what happens next.
He had been asked to step aside from his duties as the ANC Limpopo provincial treasurer following the release of the report almost two years ago, but the party’s highest structure decided in June that he must be reinstated.
“In terms of my political career, I’ll wait for guidance from the national executive committee of the ANC and the officials on the next course of action that needs to be taken.
“What it [the judgment] says is that any citizen in our country, regardless of political affiliation, must be accorded the same rights that are enjoyed by all of us as the citizens as found in the constitution and that every citizen of our country must be presumed innocent until proven guilty.”
Tlhapi said that a move by the Prudential Authority of the South African Reserve Bank during the court challenge to invite Msiza to present his side of the story now after the report had long been released was immaterial as there was no benefit to having his side along with the rest of the evidence presented before Motau before the report was released.
ANC spokesperson Pule Mabe said Msiza exercised his rights which he was entitled to and that the party always respected the supremacy of the courts and that the NEC had already decided to reinstate him.
“The party has taken a decision to reinstate the treasurer and the deputy chairperson [Florence Radzilani] and had asked our officials to engage with structures of the ANC in Limpopo in relation to the execution; that work is going on, so we had taken our decision even before there was a ruling by the court.
“We have always avoided linking court decisions to the work of the ANC,” Mabe said.