Brian Shivambu’s lawyer accuses Sarb of violating his constitutional rights

Brian Shivambu is implicated in Advocate Terry Motau's report on VBS Mutual Bank, titled ‘The Great Bank Heist’, which was released by the Sarb.

FILE: Brian Shivambu. Picture: Supplied.

JOHANNESBURG - Brian Shivambu’s lawyer Victor Nkwashu says his client had his constitutional rights violated when he was allegedly not given a right of reply during the VBS Mutual Bank investigation.

Shivambu is implicated in Advocate Terry Motau's report on VBS Mutual Bank, titled “The Great Bank Heist”, which was released by the South African Reserve Bank (Sarb).

The report contains details on how about R2 billion was looted from the bank by 50 individuals and organisations.

The allegations against Shivambu have led to questions about his brother and Economic Freedom Fighters (EFF) deputy president Floyd Shivambu and whether he received any part of the R16 million Brian benefitted from VBS.

However, in a statement released earlier on Saturday, Floyd denied any involvement in the scandal.

Nkwashu says Brian rejects the Reserve Bank’s findings.

“He’s been denied an opportunity to give his side of the story. The Reserve Bank denied him [Brian Shivambu] an opportunity to comment on the report before publishing it. So, his rights, in terms of Section 33 of the Constitution, have been violated.”

Meanwhile, the African National Congress (ANC) says it has written to the chairperson of its Integrity Commission to refer its members implicated in the VBS Mutual Bank saga to the commission.

In a statement released on Saturday morning, the party says the commission will meet next week to consider the report and the cases of leaders and members implicated and/or accused of wrong-doing in the report.

The report implicates the deputy chairperson of the ANC in Limpopo Florence Radzilani, who allegedly invested R300 million from the Vhembe District Municipality in the embattled bank and in turn received bribes.

Provincial treasurer Danny Msiza has also been implicated as a Kingpin who played a role by ensuring municipalities make illegal deposits with the bank.

On Thursday, ANC’s head of elections Fikile Mbalula said the party will act decisively to deal with its leaders implicated in the report.

Additional reporting by Mia Lindeque.