VBS Mutual Bank heist accused Danny Msiza. (Photo: Twitter) 
On Friday the Gauteng Division of the High Court in Pretoria granted VBS Mutual Bank heist accused Danny Msiza and Kabelo Matsepe relief to have a separate trial from the 11 co-accused; however, their application for a stay of prosecution pending an appeal was denied.
This request was disclosed during their appearance in the high court in July 2024, initially intended as a pre-trial that could not go on.
Read more: Ex-Treasury DG Mogajane and the alleged VBS bribe — ties to non-profit directors revealed
Msiza and Matsepe, represented by former National Prosecuting Authority head Shaun Abrahams, submitted an urgent joint application seeking a stay of prosecution while they appealed for a separate trial.
Abrahams argued that his clients’ applications were based on four key principles: the interests of justice, the right to be informed of and respond to charges, the right to adequately prepare their defenses and to a timely trial, and the right to challenge and present evidence.
VBS Mutual Bank heist accused Danny Msiza. (Photo: Twitter)
This legal battle unfolds in the wake of the conviction of VBS fraud ringleader and former chairperson Tshifhiwa Matodzi, who was sentenced to 15 years in prison after being found guilty on 33 counts of corruption, theft, fraud, money laundering and racketeering.
On Wednesday, Judge Peter Mabuse reserved judgment on Msiza and Matsepe’s request for a separate trial. However, he acknowledged that separating the trials could result in significant delays, potentially postponing the case for up to five years. This aligns with the State’s argument that the accused are attempting to delay the start of the VBS trial.
Disappointment
While the court granted the request for separate trials, the NPA has expressed its intent to appeal against the decision. NPA spokesperson Mthunzi Mhaga voiced disappointment with the ruling, stating that it would stretch the State’s resources.
“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. More concerning is the fact that our witnesses will have to testify twice, and that is unfair to them… Once we get the full reasons, we will comprehensively put together leave to appeal as we believe that a higher court will come to a different conclusion,” Mhaga said.
As the VBS Mutual Bank heist case continues to unfold, all eyes will be on the higher courts to see how they rule on the NPA’s appeal. The outcome will have significant implications not only for the accused, but also for the broader judicial process surrounding one of South Africa’s most notorious financial scandals.
The case has been postponed to 9 September, 2024. Read a quick recap of those implicated in the VBS Mutual Bank scandal here. DM