The accused in the alleged looting of the VBS Mutual Bank are seen in court. Picture: Nokuthula Mbatha, Independent Newspapers
ANC LIMPOPO bigwigs Danny Msiza and Kabelo Matsepe, who are accused in the VBS Mutual Bank looting scandal, have been forced to exercise patience in their criminal matter after their bid to obtain further details of their case failed.
Former ANC Limpopo provincial treasurer Msiza and Matsepe, formerly an ANC Youth League boss in the province, had demanded that the National Prosecuting Authority (NPA) provide them with “further particulars” in their case.
Msiza and Matsepe are among 14 accused in the case, facing 186 counts of contravening the Prevention of Organised Crime Act.
The NPA says Msiza received or retained property, directly or indirectly, on behalf of an enterprise that he should have known was derived through a pattern of racketeering.
Matsepe received over R35.4 million in gratuitous payments from VBS, according to the 2018 report by advocate Terry Motau SC.
”I have little doubt that Matsepe, despite his self-importance and bluster, in fact, works for Msiza,” states the report.
Matsepe and Msiza approached the North Gauteng High Court as they were unhappy with the particulars that the NPA had provided him with and brought an application to compel prosecutors to furnish him with full and better particulars to enable him to prepare for trial and formulate his defence.
”Accused 10 (Matsepe) wants the State to be compelled to specify the date and place the State alleges that accused 10 met with accused 1 (erstwhile VBS chairperson Tshifhiwa Matodzi) to be introduced to the existence of the enterprise,” reads their application.
Matodzi received almost R326m in gratuitous payments from VBS.
Matsepe continued: “Accused 10 applies for an order compelling the State to provide him with information regarding when and how he, accused 10, gained overall control of VBS Financial System. The State responded that it is not alleged that accused 10 gained any overall control of VBS Financial System.”
Matsepe, described as a politically connected fixer by Motau, introduced municipalities to VBS and if the municipality invested, he would earn a commission calculated at 2% per annum on the amount of each transaction.
In court, he requested the State to specify those municipalities that invested and/or re-invested and what he received when they invested or re-invested amounts back, including those that did not.
But the NPA said the further and better particulars requested constitute evidence and refused to divulge them.
Matsepe was informed by the NPA that VBS liquidators Anush Rooplal and Walter Stander will testify in their criminal trial.
“By providing these further particulars indirectly, the State replies that the evidence so requested may be found in the statements of Rooplal and Stander,” reads Judge Peter Mabuse’s ruling on the demand for further particulars.
Matsepe faces several charges of contravening the Prevention and Combating of Corrupt Activities Act for receiving gratification in the cumulative amount of R7.9m in the form of loans.
Almost R2.3 billion was looted from VBS by a number of its executives and politically exposed persons.
Judge Mabuse refused Msiza and Matsepe’s applications to compel the State to furnish them with full and better particulars on April 26.