WATCH | Why magistrate wants ‘Cat’ Matlala to spend 12 years in jail, not eight

Wanting to assist police only as a bargaining tool to secure a lenient sentence, the lack of genuine remorse and no convincing personal mitigating factors.

These are some of the reasons a Pretoria magistrate believes the eight years’ direct imprisonment the state had proposed for Vusimusi “Cat” Matlala is lenient for the fraud and corruption charges he is facing.

On Wednesday Matlala appeared before magistrate Ignatius du Preez, who was expected to hand down a judgment in the plea and sentence agreement between the Investigating Directorate Against Corruption (Idac) and Matlala.

Earlier, Idac and Matlala agreed on eight years in exchange for information that would see more senior SA Police Service (SAPS) members arrested and prosecuted, according to the state.

Before explaining why he was rejecting the agreement between the state and Matlala, Du Preez started by stating the provisions, limitations and implementations of section 105A of the Criminal Procedure Act, which was used to enter into the agreement by Matlala and Idac.

He then went into Matlala’s personal circumstances, which include that he is a primary caregiver for nine children, which he said was not a mitigating factor as he does not live with all the children.

Du Preez said he viewed Matlala’s co-operation as a bargaining tool and said he was not genuinely remorseful.

“The accused’s willingness to co-operate with the authority only came on his arrest and on realising they were onto him. I am not persuaded the accused had genuine remorse,” he said.

“I view the accused’s willingness to assist the police as a bargaining tool aimed at securing a lenient sentence.”

Du Preez highlighted that Matlala was the one who submitted fraudulent documents and worked with senior police officials to advance their alleged criminal activities.

He said corruption has contributed directly to failing infrastructure, collapsing institutions and widespread poverty.

Du Preez suggested that Matlala be sentenced to 12 years’ direct imprisonment.

He postponed the matter to allow Matlala’s representative to consult with him, and subsequently consult with the state on whether they agree to the court’s proposed sentence.

After a short adjournment, the defence requested more time to consult with their client. As a result the matter has been postponed to July 13.

National Prosecuting Authority (NPA) spokesperson Kaizer Kganyago said should Matlala decide not to take the proposed sentence, it would mean the state will have to go to trial.

Speaking to the media outside court, Kganyago said the matter would go before a new magistrate, where it would have to be proved beyond reasonable doubt that Matlala is guilty of fraud, corruption and money laundering.

Kganyago said in principle there is an agreement.

“It’s just the matter of sentencing that is different,” he said.

Kganyago said a plea agreement is a give-and-take situation and the NPA is happy with what Du Preez has put on the table. He said the authority is waiting for a decision by the defence.

He said once investigations were completed, Matlala would assist with further investigations and include those who had not been included.

Kganyago said if the plea and sentence agreement collapsed, Idac would not use the contents of Matlala’s affidavit and would only focus on what its investigations have revealed.

In March, 12 senior police officers were arrested over allegations that they helped Matlala land a SAPS tender without following proper procedures.

Among those is Brig Rachel Matjeng, who claimed to be Matlala’s on-and-off girlfriend.

Evidence was brought before the Madlanga commission that she had received cash and gifts from Matlala, which were said to be a bribe.

She denied receiving gratifications from him, stating the money received was a “girlfriend allowance”.

Matjeng was dismissed from the police service on Tuesday for dishonesty, money laundering and receiving gratification.

In his plea agreement, Matlala admitted to having paid Matjeng a gratification.

Sowetan