VBS Mutual Bank case: 2 accused seek to challenge their arrest

JOHANNESBURG - Two of the accused in the VBS Mutual Bank matter, Danny Msiza and Kabelo Matsepe, want to challenge the propriety of the investigation that saw them arrested and charged.

The matter is back in the High Court in Pretoria on Wednesday - for applications from Msiza, the former treasurer for the African National Congress (ANC) in Limpopo and Matsepe, a former youth league leader.

They want a temporary stay of prosecution or for their cases to be separated from the other accused.

The pair also have a pending bid to appeal a previous ruling, which dismissed a request for further particulars and, in particular, documents and information relied on in advocate Terry Motau’s investigation into the VBS scandal.

READ: VBS case back in court as 2 accused look to separate their cases from others

Their advocate, Shaun Abrahams addressed the court and said they want to lodge further applications.

"The first application is, of course, to challenge the propriety of the investigation head-on which they are in terms of the Constitution enjoined to do. Secondly, is the challenge the charges in the indictment to do so head-on. And thirdly, is the challenge to the racketeering certificate that was issued by the NDPP," said Abrahams.

Abrahams argues, though, that they can't lodge these applications until the appeal process is exhausted.

"My understanding is all the other accused are ready to proceed except my clients. My clients are dependent on this process and this exercise to unfold and their hands are literally tied behind their backs and their ankles may I add by virtue of a process that's indeterminable," he said.