Motau failed to follow fair procedure with Msiza regarding VBS report - court
Former ANC Limpopo treasurer Daniel Msiza took the Advocate Terry Motau's VBS Mutual Bank report on review after being accused of being the kingpin in the VBS bank scandal.
JOHANNESBURG – Despite former African National Congress (ANC) Limpopo treasurer Daniel Msiza successfully challenging Advocate Terry Motau’s VBS The Great Bank Heist report, he has not been absolved of the allegations against him.
The High Court in Pretoria on Tuesday set aside the adverse findings made against him but emphasised that this was because of Motau’s failure to afford Msiza the right to procedural fairness before he released the report on VBS Mutual Bank.
Judge Vivian Nlhapi said this was unlawful, unconstitutional and violated Msiza’s rights.
Msiza took the report on review after being accused of being the kingpin in the VBS bank scandal. Msiza maintained his innocence and called this a smear campaign.
Judge Nlhapi said that Motau had failed to follow fair procedure and he also failed in providing the court with a complete record.
The judge said she was not called to rule on the truthfulness of the allegations facing Msiza.
The report had found that Msiza used his political power to influence municipalities to unlawfully invest over R1 billion in VBS Mutual Bank.
The South African Reverse Bank (Sarb), which commissioned the report, was ordered to pay the costs. The court has also ordered Motau to make a public written apology to Msiza.