‘Let us not condemn without evidence’ — Madonsela defends Simelane after VBS allegations

Former public protector Thuli Madonsela has come to the defence of justice minister Thembi Simelane, calling for restraint and due process in light of ongoing scrutiny over the VBS Mutual Bank scandal. 

The plea comes after social media criticism that Simelane lacked transparency and accountability, given her role as the custodian of the rule of law and her ministry's oversight of the National Prosecuting Authority, which is handling the VBS Mutual Bank cases.

Madonsela responded by urging caution: “Before we assume corruption, let’s wait for a legal investigation.”

The controversy centres around reports by News24 and Daily Maverick that Simelane received a loan exceeding R500,000 from a company purportedly involved in unlawful transactions with VBS Mutual Bank.

Madonsela addressed the allegations, emphasising the importance of adhering to legal standards.

“Journalists do amazing work but the standard they use for connecting dots is lower than the legal standard. If the legal standard were the same, I would have found [EFF leader Julius] Malema guilty of corruption for receiving the proceeds of corruption in [her 2016 report] 'On the Point of Tenders' and [former] president [Jacob] Zuma in the Nkandla matter,” she said.

Reflecting on her own experiences with allegations of fund abuse at the South African Social Security Agency (Sassa), Madonsela underscored the necessity of solid legal evidence.

“I had similar challenges in abuse of funds at Sassa. But I had to go with legally admissible evidence and acknowledge they benefitted without finding them personally guilty of corruption. In this case, there is no information on the nexus,” she said.

Madonsela criticised coverage of the allegations against Simelane for lacking direct evidence.

“The article tells us nothing regarding the then mayor’s personal involvement in the VBS transactions nor provides any evidence, documentary or viva voce, that points to the mayor having activated/facilitated the transaction or rewarded for her part. I hold no brief for her. I don’t know her personally. But let us not get hyped and condemn without evidence.”

The loan in question was allegedly obtained from Gundo Wealth Solutions when Simelane was mayor of Polokwane.

Convicted former VBS boss Tshifhiwa Matodzi alleged in his plea-bargain affidavit that Gundo Wealth Solutions, owned by Ralliom Razwinane, helped secure deposits for VBS from municipalities in return for an average of 2% of the capital investment.

VBS Mutual Bank collapsed in 2018, leaving thousands of depositors with significant financial losses. The bank's collapse was attributed to widespread corruption.

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