Msiza, Matsepe granted VBS separation
Former ANC Limpopo treasurer Danny Msiza and former ANC Youth League leader Kabelo Matsepe will have separate trials from their 11 co-accused in the VBS matter.
The men appeared in the High Court in Pretoria on Friday, where the judge ruled in favour of their application.
But Judge Peter Mabuse denied their second application for a temporary stay of prosecution pending the outcome of their petition to the Supreme Court of Appeal.
The two men want to challenge the High Court's dismissal of their application for further particulars.
Speaking to the media, lawyer of the accused, Advocate Joseph Maluleke, stated that they were happy with the court outcome.
“We are extremely happy. My clients obviously are excited about the outcome. It's been a long journey getting us up to where we are. So, we are very happy.
“We put together a very compelling application in circumstances where we had sought crucial information from the state in order to assist our clients to prepare for their defence and also to plead to the charges that they are facing. And this was against a persistent refusal by the state to give us that information which impacts directly on their right to a fair trial.
“So, we put a very compelling application to say it is about time that the trial starts and for the trial to start and for this blame that is being out in the public domain that our clients are the reasons why this trial is not starting can be finally put to bed. The VBS victims who have lost money can now get justice and the interest of justice can finally prevail.”
However, the National Prosecuting Authority spokesperson Mthunzi Mhaga says the state wants to appeal the outcome.
“Naturally, we are disappointed with the ruling that relates to the separation of trials. It's going to be very prejudicial to the state. One, it's going to overstretch the resources of the state because you will have witnesses that will be brought in twice. You will have a new judge coming in.
“You will have new court officials that would have to assist in respect of 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. But we are appealing this judgment.
“We just wait for the reasons because it was an extemporal judgment order that was delivered. So, once we get the full reasons, that's when we will comprehensively put together a leave to appeal.”
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