The High Court in Pretoria granted Danny Msiza and Kabelo Matsepe relief to have their trials separated from those of their co-accused. (Supplied and OJ Koloti/Gallo Images)
- The Gauteng High Court in Pretoria has granted VBS heist accused Danny Msiza and Kabelo Matsepe’s application to have their trials separated from that of their co-accused.
- However, the court denied their request for a temporary stay of prosecution.
- The National Prosecuting Authority was disappointed about the decision and said separate trials would overstretch State resources and require witnesses to testify twice.
The Gauteng High Court in Pretoria granted an application on Friday by VBS Mutual Bank heist accused, former Limpopo ANC treasurer Danny Msiza and former ANC Youth League leader Kabelo Matsepe, to have their trial separated from that of their co-accused.
However, the court denied their second application – for a temporary stay of prosecution pending the outcome of their petition to the Supreme Court of Appeal to challenge the High Court’s dismissal of their application for further particulars.
That application was filed after the High Court refused to grant them leave to appeal at the end of June.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga expressed great disappointment with the ruling.
“It is going to be very prejudicial to the State. It is going to overstretch the resources of the State because you will have witnesses who will be brought in twice, a new judge coming in, and new court officials who will have to assist with … the two trials.
“But of importance to us and concerning, is the fact that our witnesses will have to testify twice, and that’s unfair to them,” Mhaga said.
He said the NPA intended to appeal.
“Once we get the full reasons, we will comprehensively put together a leave to appeal as we believe that a higher court will come to a different conclusion,” he said.
During Wednesday’s argument, former National Director of Public Prosecutions Shaun Abrahams, who is representing Msiza and Matsepe, argued that the State was taking too long to “provide key documents to us”.
Abrahams told the court they filed the applications because the State had “persistently failed” to provide them with the documents or evidence they needed to prepare their defence.
He argued that the State had constructed its case against Msiza and Matsepe on the basis of an investigation led by advocate Terry Motau and Werksmans Attorneys.
However, State advocate Hein van der Merwe disagreed, saying evidence dated as far back as 2013 and 2015.
Van der Merwe said that Msiza and Matsepe were the “authors of their own problems” and were “busy with a strategy specifically formulated to delay and prevent the start of the trial”.
News24 previously reported that Masiza, Matsepe and 11 other accused were 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.
It is alleged that they looted around R2 billion from the now-defunct bank between 2015 and 2018.
Last month, former VBS chair, Tshifhiwa Matodzi, described as the kingpin of the fraudulent scheme, concluded a plea deal with the State in terms of which he agreed to be a State witness. He pleaded guilty to 33 counts of theft, fraud, racketeering and money laundering and will spend an effective 15 years behind bars.
In 2020, one of the accused in the case, former VBS CFO Philip Truter, pleaded guilty as part of a plea bargain and was sentenced to 10 years behind bars.
The case of Msiza, Matsepe and the 11 others was postponed to 9 September.
