Limpopo ANC big-wig seeks separate VBS trial
LIMPOPO ANC treasurer and VBS looting accused Danny Msiza seems to have turned on his co-accused, applying to the North Gauteng High Court, Pretoria, to be tried separately.
Last week, 14 people, including ex-VBS officials and municipal workers, appeared in court for the pretrial.
They are accused of looting more than R2.3 billion and collapsing the bank in 2018. Community groups and individuals, mostly the elderly from rural Vhembe district, had invested their savings with the bank.
In court last week, Msiza’s lawyer said the separation of trial papers had been served on the State. State prosecutor Hein van der Merwe has opposed the motion for a separate trial.
Van der Merwe told the court that there were outstanding issues on the part of the legal representatives for the accused, including the separation of trial application.
The matter will still be heard in the same court on November 4.
Msiza has since stepped aside from all ANC duties in accordance with of the party’s rules, that all members who are indicted to appear in a court of law on a criminal charge, must step aside from their responsibilities until their matter is resolved.
The ANC boss voluntarily stepped aside in 2018 after he was named with former Vhembe mayor and provincial deputy chairperson, Florence Radzilani, in advocate Terry Motau’s The Great Bank Heist report that blew the lid off the scandal. Msiza was later installed back in his position after Limpopo premier and ANC chairperson, Stan Mathabatha, pleaded for their comeback.
The VBS matter had previously been postponed because several of the accused had changed legal representatives after the matter was transferred to the high court from the Palm Ridge Commercial court in Ekurhuleni.
Legal expert, advocate Francois Botes SC, said it was unlikely that Msiza’s application would be granted.
Speaking yesterday, Botes said a duplication of trials should be avoided by the court at all costs.
“The basic principle that should be applied in an application for separation is prejudice.
“The court has to consider the prejudice that the applicant or the accused will suffer if a separation is not granted as against the prejudice that the other accused or the court will suffer if a separation is granted.
“The purpose of separation is premised on prejudice. What has to be avoided is multiplicity of actions. One should avoid a situation where more than one trial is conducted on the same facts between role-players regarding the same matter.
“It does not make sense for witnesses on behalf of the State to come and testify in another trial based on the same facts on the same alleged transgressions the accused are facing.
“It will be highly unlikely for the court to be prepared under these circumstances, specifically the VBS trial, to grant them a separate trial.”
All the accused, including former VBS chairperson Calvin Tshifhiwa Matodzi, former ANC Youth League leader Kabelo Matsepe, and chief financial officer Philip Truter, are charged with theft, fraud, money laundering, corruption, racketeering and contraventions of provisions in the Prevention of Organised Crime Act and the Prevention and Combating of Corrupt Activities Act. Truter, believed to be a State witness, pleaded guilty in a plea bargain and was sentenced to 10 years in jail.