Two former Limpopo ANC leaders implicated in the VBS Mutual Bank looting scandal, have asked the Pretoria high court for stay of their prosecution pending the finalisation of their application at the Supreme Court of Appeal.
The pair, former ANCYL leader Kabelo Matsepe and former provincial ANC treasurer Danny Msiza, who are accused of soliciting deposits by various municipalities into VBS Mutual Bank also want the court to separate their trial from the rest of the accused.
Former NPA boss advocate Shaun Abrahams made the application on behalf of Matsepe and Msiza saying it would be in the interest of justice and ensuring they were not prejudiced.
“We seek to temporarily stay of prosecution pending the finalisation and application of the leave to appeal to the Supreme Court of Appeal. The second relief that we seek is a separation of my client's trial from that of their respective co-accused.
“My client's applications are premised firstly on the interest of justice and secondly vindication of their rights contemplated by Section 35 of the constitution, simply their right to be informed of the charges and to answer to the same charge and their right to eloquently prepare their respective defences. Thirdly, their right to have their trial begin and conclude in a reasonable time. And lastly, my clients' right to challenge and produce evidence,'' he said.
He added that should the trial proceed, his clients' rights will be subjected to prejudice, adding that one of the co-accused will be summoned as a respondent when presenting their case.
Kabelo Matsepe, Danny Msiza ask court for stay of their VBS prosecution, separate trial
Two former Limpopo ANC leaders implicated in the VBS Mutual Bank looting scandal, have asked the Pretoria high court for stay of their prosecution pending the finalisation of their application at the Supreme Court of Appeal.
The pair, former ANCYL leader Kabelo Matsepe and former provincial ANC treasurer Danny Msiza, who are accused of soliciting deposits by various municipalities into VBS Mutual Bank also want the court to separate their trial from the rest of the accused.
Former NPA boss advocate Shaun Abrahams made the application on behalf of Matsepe and Msiza saying it would be in the interest of justice and ensuring they were not prejudiced.
“We seek to temporarily stay of prosecution pending the finalisation and application of the leave to appeal to the Supreme Court of Appeal. The second relief that we seek is a separation of my client's trial from that of their respective co-accused.
“My client's applications are premised firstly on the interest of justice and secondly vindication of their rights contemplated by Section 35 of the constitution, simply their right to be informed of the charges and to answer to the same charge and their right to eloquently prepare their respective defences. Thirdly, their right to have their trial begin and conclude in a reasonable time. And lastly, my clients' right to challenge and produce evidence,'' he said.
He added that should the trial proceed, his clients' rights will be subjected to prejudice, adding that one of the co-accused will be summoned as a respondent when presenting their case.
However, state prosecutor Hein van der Merwe objected to the application stating that it would not be fair on the state witness.
“We have not fully read the application because of time but we object to the application. We have been instructed by the National Director of Public Prosecution to prosecute them all together.
“My lord, you cannot let the accused manipulate the system to suit them. Our view is that both applications should be dismissed and in time we will properly respond to the application. It is unfair for the witness to testify in two separate trials,” he said.
Presiding judge Peter Mabuse instructed all counsellors to submit their responding affidavits before August 14 and set the date for pretrial.
The VBS Mutual Bank matter has been in the spotlight once again after the leaked affidavit of the now convicted chairperson, Tshifhiwa Matodzi, implicating senior politicians on how large sums were “donated" to certain politicians.
In his affidavit, Matodzi claims that EFF was paid R5m and R1m monthly “donations” to spare them public scrutiny.
He further stated that former health minister Zweli Mkhize was paid a sum of R2m to pay ANC suppliers, while SACP also received a sum of R3m to pay for conference bills.