Court dismisses findings against former ANC treasurer Msiza

Court dismisses findings against former ANC treasurer Msiza

Judges at the Pretoria High Court have set aside findings by Terry Motau relating to former African National Congress (ANC) Limpopo treasurer Daniel Msiza, who is implicated in the VBS bank scandal, due to his The Great Bank Heist report having been deemed, unconstitutional and prejudicial. 

Msiza disputed the legality of the complaint against him, which implicated him in the alleged looting of approximately R2 billion from the state-owned bank. 

Report ‘unconstitutional, prejudicial’ 

The report alleged that Msiza had used his political influence in Limpopo to direct municipalities to invest in the now defunct bank, and the allegations ultimately led provincial government to remove him from office. 

Msiza maintained that Motau had never given him his rightful opportunity to respond to the allegations laid out against him in the report, and the North gauteng High Court in Pretoria sided with this view on Tuesday. 

“The first respondent’s [Motau] failure to afford the applicant the right to procedural fairness prior to the release of the report titled “The Great Bank Heist” is unlawful and unconstitutional and violated the applicant’s (Msiza) right in terms of section 34 of the constitution,” the court ruled.

The South African Reserve Bank (SARB), who commissioned the report, was ordered by the court to pay costs. 

VBS implicated ANC members hoping to be reinstated  

In July, Msiza, along with Florence Radzilani, who had also been suspended by the ANC after the allegations in Motau’s report on the VBS scandal surfaced, was set to be reinstated in his role as Limpopo’s treasurer, with the ruling party seemingly having determined that he should not be penalised for allegations that have never been proven to be true. 

The reinstatement announcement sparked a back and forth after the decision was drawn during a meeting of the National Executive Committee, with the ANC’s National Chairperson, Gwede Mantashe, having contradicted fellow top six member Ace Magashule’s supposed confirmation that the pair would be reinstalled into their respective offices. 

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