PRETORIA - The Pretoria Specialised Commercial Crimes Court has rejected the proposed sentence contained in the plea agreement involving Vusimuzi "Cat" Matlala.
Magistrate Ignatius Petrus du Preez said he was not convinced that the proposed sentence was “just”.
He said that while Matlala was assisting the police, his cooperation could not justify the sentence agreed to between the State and the accused. Du Preez also rejected the argument that Matlala’s willingness to assist authorities amounted to genuine remorse.
The State had proposed a 15-year prison sentence, with seven years suspended, leaving Matlala to serve an effective eight years. The businessman pleaded guilty to seven counts of fraud, corruption and money laundering linked to the controversial R228-million SAPS tender.
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Delivering his ruling, Du Preez said he was not left with the impression that the National Prosecuting Authority (NPA) was without evidence against other individuals implicated in the fraud, corruption and money laundering case.
"It rather appears that the cooperation of accused one [Matlala] would merely assist the authorities in the pursuit of justice. This pursuit does not depend entirely upon accused one's cooperation.
"The reliance by the NPA on accused one's cooperation is a material factor in agreeing to the sentence documented in Exhibit D.
"I must emphasise that the duty to investigate and prosecute those who corrupt the institutions of the state rests upon the South African Police Service and the NPA, and not upon the accused. It remains their responsibility to conduct thorough and independent investigations," Du Preez said.
He added that the fact that Matlala allegedly holds evidence against senior SAPS officials could not come at the cost of justice.
"His cooperation may assist the State, but it cannot be permitted to replace the State's diligent efforts, nor may accused one's cooperation be used to purchase a sentence that fails to reflect his own criminality."
Proposed sentence by the court
Du Preez indicated the following sentence would be appropriate:
Count 1 – Fraud
- 15 years' imprisonment, with seven years suspended for five years on condition that Matlala is not convicted of fraud, theft, corruption or money laundering during the suspension period.
- A further condition is that, whenever requested by the State, Matlala must depose to affidavits or make statements under oath and testify in all criminal matters in which he is directly or indirectly implicated. He must testify fully, frankly and honestly.
Counts 2, 3 and 4 – Corruption
- 10 years' imprisonment, with eight years to run concurrently with the sentence on Count 1.
Counts 5, 6 and 7 – Money laundering
- 10 years' imprisonment, with eight years to run concurrently with the sentence on Count 1.
If imposed, the effective sentence would amount to 12 years' direct imprisonment.
The case has been postponed to 13 July to allow Matlala and the State to finalise discussions on the new proposed sentence.