Vusimuzi 'Cat' Matlala rejected the NPA's plea deal, forcing the NPA to rework their prosecution of the businessman.
The taxpayer is set to fund a lengthy fight to secure the conviction of controversial businessman Vusimuzi ‘Cat’ Matlala.
This is the warning issued by a legal analyst after Matlala walked away from a plea deal proposed by the National Prosecuting Authority (NPA).
NPA spokesperson Kaizer Kganyago on Monday described the outcome as a “blow”, as the state will be forced to begin its prosecution from scratch.
NPA right to pursue plea deal
While law professor Dr Llewellyn Curlewis considered this a bad situation for the NPA, he felt that pursuing a Section 105(A) agreement was the right option for the state.
“It could be hundreds of thousands, if not millions of rands, to convict him. So, I would’ve rather taken the win now with the reduced sentence, and make sure he got some time in prison.
“Not because he doesn’t deserve a longer imprisonment for his wrongdoings, but purely because it saves taxpayers’ money and the possibility of a total acquittal that might be forthcoming,” Curlewis told The Citizen.
He noted that Matlala’s rejection of the deal will now start the prosecution de novo – from the beginning – as the agreement was off the table.
Curlewis explained that under Section 105(A) of the Criminal Procedure Act, the state would need to bring the case before a new magistrate, and even if the NPA pushed for the maximum sentence, the possibility of absconding witnesses or questions around the admissibility of evidence could arise later.
“We are now running into a very long trial consisting of many months, if not years, for all those grounds against [Matlala], and with the number of accused persons and all the interlocutory that might be foreseen, without even taking into account the possibility of appeals and reviews in due course,” Curlewis said.
‘Cannot come at the cost of justice’
Magistrate Ignatius du Preez rejected Matlala’s effective eight-year plea on 1 July, proposing 12 years instead.
Matlala rejected this on Monday, leaving the offer by each party null and void.
In rejecting Matlala’s initial plea deal, Du Preez said Matlala’s inside knowledge of alleged corrupt activities did not supersede the investigating work of the police and the NPA.
“The fact that the accused one holds evidence against high-ranking officials cannot come at the cost of justice.
“His cooperation may assist the state, but it cannot be permitted to replace the state’s own diligent efforts, nor may the accused one’s cooperation be used to purchase a sentence that fails to reflect his own criminality,” the magistrate stated.