VBS scandal: Danny Msiza heads to court to challenge report

2018-10-26 22:48
VBS Mutual Bank. (Supplied)

VBS Mutual Bank. (Supplied)

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The damning report into large-scale looting at VBS Mutual Bank is excepted to come under scrutiny when ANC Limpopo treasurer Danny Msiza heads to the high court to challenge it.

In court papers, which News24 has seen, Msiza is seeking to have the findings in the report, in which he was named, reviewed and set aside.

The report was compiled by advocate Terry Motau, who is the first respondent in the application, and Werksmans Attorneys.

READ: 'A case of the greedy stealing from the poor': ANC wants swift action against VBS looters

Fifty-three individuals - including Msiza, Limpopo ANC deputy chairperson Florence Radzilani, and EFF deputy president Floyd Shivambu's younger brother, Brian Shivambu - have been named in the report titled The Great Bank Heist. In the report, Msiza has been portrayed as a political influencer and fixer who convinced municipalities to invest in VBS.

In the court application, Msiza asked for certain passages in the report, in which he was largely mentioned, to be removed, saying they "unfairly and unlawfully impugn" his reputation and dignity.

Msiza added that findings made against him had caused serious damaged to him as a South African citizen, father, husband and political figure. 

"The report also caused untold distress to my family, friends and colleagues with serious reputational damage to my family," his affidavit reads.

He added that the report findings impacted his ability to perform his duties as the provincial treasurer of the ANC. 

READ: Mkhize: Govt to launch lawsuit against VBS perpetrators to recover money

Msiza further stated that the manner in which Motau conducted the investigation, his outcomes and his recommendations were subject to judicial scrutiny by way of judicial review or declaratory relief, either based on the grounds of review in the Promotion of Administrative Justice Act 3 of 2000, or the Constitution.

"The findings/remarks and conclusions reached by the first respondent (Motau) about me, fall to be reviewed and set aside on grounds that I deal with herein later and those I have already flagged above," Msiza's affidavit reads. 

The report is also being challenged by the EFF's Brian Shivambu and former KPMG partner Sipho Malaba, who called it "fatally tainted".

On Friday, reports by Mail & Guardian (M&G) stated that EFF leader Julius Malema's cousin had also allegedly been implicated in irregular payments of almost R6m believed to emanate from the bank's plundering.

Read more on:    vbs  |  danny msiza

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