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Alleged tender corruption mastermind Vusimusi “Cat” Matlala has withdrawn from a plea deal with the state, scuppering plans by the National Prosecuting Authority (NPA) to pursue corrupt police bosses. The deal would have seen Matlala getting a reduced sentence in return for testifying and providing more information about police corruption to do with the R228m SAPS tender.A few weeks ago Matlala and the Investigating Directorate Against Corruption (Idac) cut a deal in which he would plead guilty of masterminding the corrupt deal and receive a reduced sentence of eight years instead of 15 years.In return, he would turn state witness against top police officers. That deal was rejected by the Specialised Commercial Crimes Court, which found a 12-year sentence to be more just and appropriate considering the magnitude of the offence. WATCH | Matlala pulls out of plea deal with stateMatlala’s withdrawal from the high-stakes deal means the trial will start afresh and could give the NPA more headaches in nailing the corrupt senior police bosses. The Criminal Procedure Act provides that the state cannot use any admissions made by an accused in a new trial unless the accused consents. The NPA, in arguing for the deal, was confident Matlala’s evidence could lead to the arrest and conviction of other high-ranking police officers currently not charged. Matlala’s change in tack pours cold water on the state’s plans.NPA spokesperson Kaizer Kganyago said Matlala’s withdrawal from the deal means he will again join his co-accused in the Pretoria magistrate’s court on September 11. “The NPA holds the firm view that his withdrawal will not negatively impact Idac’s case against the 17 accused, as we believe there is sufficient evidence to sustain the charges preferred against all the accused in this matter,” he said. NPA head advocate Andy Mothibi said the plea deal with Matlala is not an indication of the state’s lack of evidence in Idac’s case. “Idac is now focusing on ensuring the pending trial proceeds without hinderance,” said Mothibi.Matlala will rejoin his co-accused, including his alleged former lover Brig Rachel Matjeng; Brig Alpheus Ngema; Brig Patrick Nethengwe; Maj-Gen Busisiwe Temba; Brig Kirsty Jonker; Brig Reabetsoe Lenono; Brig Onica Tlhoale; Capt Brian Cartwright; Col Nonjabulo Mngadi; Col Anton Paulsen; Col Johannes Monyai; service provider James Murray; and procurement officer Tumisho Maleka in the corruption case. Police national commissioner Gen Fannie Masemola has been listed as accused number 17 in the case and charged with contravention of the Public Finance Management Act (PFMA). Advocate Inez Bezuidenhout, legal analyst and University of the Free State law lecturer, told Business Day: “When they withdrew from the agreement, the trial shall start de novo [afresh] before another presiding officer.“When the trial starts afresh, the plea agreement is null and void, and no reference will be made to any negotiation or the agreement or any record of the agreement in any proceedings related thereto unless, of course, the accused consents to the recording of all or certain admissions by him.” Bezuidenhout said the state’s plans to arrest high-ranking officials could materialise if they have other evidence, other than the collapsed deal with Matlala.She said the state and Matlala cannot enter into a formal agreement again relating to the fraud and money-laundering charges when the trail starts afresh.“There is no way they can again agree on the sentence. They only had one chance. There is no guarantee what [conclusion] the next court will come to … regarding the sentence,” she said.
