S v Matodzi (Sentence) (CC34/2024) [2024] ZAGPPHC 746 (10 July 2024)
- Citation
- [2024] ZAGPPHC 746
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- Mosopa
- Case number
- CC34/2024
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- Mosopa
- Case number
- CC34/2024
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the plea and sentence agreement between the State and the accused was appropriate and just in the circumstances. The accused, a chartered accountant, abused his position of trust and orchestrated fraudulent transfers that contributed to the collapse of VBS, causing significant harm to pensioners and the community. Despite his professional achievements and mitigating factors, the absence of restitution and the gravity of the offences warranted a substantial custodial sentence. The court sentenced the accused to 15 years' imprisonment on each count, with the sentences for counts 2 to 33 running concurrently with count 1, resulting in an effective sentence of 15 years. The accused was not declared unfit to possess a firearm.
Court disposition
The accused was sentenced to an effective term of 15 years' imprisonment in accordance with the plea and sentence agreement. He was not declared unfit to possess a firearm.
Orders
- The accused is sentenced to 15 years' imprisonment on each count, with the sentences for counts 2 to 33 to run concurrently with count 1, resulting in an effective sentence of 15 years.
- The accused is not declared unfit to possess a firearm.
02
Material facts
Parties
State
ApplicantTshifhiwa Calvin Matodzi
DefendantAmounts and remedies
- Effective Term of Imprisonment (years): 15
03
Procedural history
Posture
Criminal Law / Sentencing
04
Questions and positions
Legal issues
- 01
What is the appropriate sentence for the accused following a plea and sentence agreement on multiple counts of fraud related to the collapse of VBS?
- 02
Should the accused be declared unfit to possess a firearm as part of the sentence?
Party arguments
- Applicant
- The State submitted that the plea and sentence agreement reached with the accused is appropriate given the gravity of the offences, the accused's position of trust, and the impact on vulnerable victims such as pensioners. The State emphasized the need for deterrence in cases of white collar crime and the significant harm caused to VBS and its depositors.
- Respondent
- The accused's counsel presented mitigating factors, including the accused's educational background, professional achievements, and lack of prior convictions. The defence argued for leniency based on the accused's cooperation, the plea agreement, and his personal circumstances, but did not offer restitution or return of funds to VBS.
05
Court’s reasoning
Legal principles
- 01
Section 105A of the Criminal Procedure Act 51 of 1977
A plea and sentence agreement, if found to be just and appropriate, binds the court to the agreed sentence unless it is manifestly unjust.
- 02
S v Sadler 2000 (1) SACR 331 (SCA)
White collar crimes committed by persons in positions of trust warrant severe sentences to deter similar conduct and protect vulnerable victims.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the plea and sentence agreement between the State and the accused was appropriate and just in the circumstances. The accused, a chartered accountant, abused his position of trust and orchestrated fraudulent transfers that contributed to the collapse of VBS, causing significant harm to pensioners and the community. Despite his professional achievements and mitigating factors, the absence of restitution and the gravity of the offences warranted a substantial custodial sentence. The court sentenced the accused to 15 years' imprisonment on each count, with the sentences for counts 2 to 33 running concurrently with count 1, resulting in an effective sentence of 15 years. The accused was not declared unfit to possess a firearm.
Obiter and limits
- The court remarked on the unfortunate prevalence of white collar crime among educated individuals in positions of trust, noting the broader societal impact and the need for deterrence.
- The judge expressed disappointment that no restitution was made to VBS, highlighting the suffering of pensioners and the unresolved nature of the debacle.
- The court observed that the accused's actions had irreparably damaged his reputation and standing in his community.
Court disposition
The accused was sentenced to an effective term of 15 years' imprisonment in accordance with the plea and sentence agreement. He was not declared unfit to possess a firearm.
- The accused is sentenced to 15 years' imprisonment on each count, with the sentences for counts 2 to 33 to run concurrently with count 1, resulting in an effective sentence of 15 years.
- The accused is not declared unfit to possess a firearm.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: CC34/2024
DATE: 10-07-2024
(1) REPORTABLE: YES / NO.
(2) OF INTEREST TO OTHER JUDGES: YES / NO.
(3) REVISED.
DATE
SIGNATURE
In the matter between
STATE
And
TSHIFHIWA CALVIN
MATODZI
Accused
SENTENCE
MOSOPA, J: Mr Matodzi the sentencing process is a very difficult process, but when there is a plea and sentence agreement between yourself and the state, it makes the work of this Court easier. I am satisfied that the sentence which was suggested is appropriate.
It is unfortunate that in this country white collar crimes like the one that you committed are committed by educated people who are in a position of trust. I was listening to the mitigating factors as they were read out in court by your counsel, it is clear that you are an educated person, you are a chartered accountant by profession, but it is because of your greed that you find yourself seated in that position. You were supposed to be contributing effectively to the economic growth and development of this country but because of greed you decided to do otherwise. And that is a very unfortunate situation.
I was also listening when this plea agreement was read, more especially paragraph 6.11.1 up to 35, it took two days, that is the 29 March 2017 and 30 March 2017 to collapse VBS, looking at the amounts that were fraudulently transferred into fictitious accounts, you can realise that these two days were very detrimental to the survival of VBS and that is very unfortunate. I was also listening to the mitigating factors as read by your counsel, I have never heard a single word uttered in that mitigating circumstances which says that there is money that you returned to VBS. It is very unfortunate, as looking at the money that was invested it was invested by mainly pensioners, the elderly, and some of the people as we heard from the newspapers that they have died while this debacle has not yet been resolved. It is very unfortunate Mr Matodzi.
The section under which you pleaded guilty to gives this Court authority to sentence you up to 25 years imprisonment or more than that, but it is because of this agreement that I am going to confine myself to the sentence agreed to. You had very illustrious employment history, you worked in very big companies, accounting companies and then you spoiled that record by mere greed. In terms of this agreement, you grew up Thohoyandou and VBS is situated in Thohoyandou. I wonder if you walk the streets of Thohoyandou and you raise your head up with pride and say to yourself that “I have collapsed this institution that was supposed to have served the people of Thohoyandou?” I do not think you will ever walk with pride in the streets of Thohoyandou again, even if you are released in the future.
So having said this Matodzi, I am going to sentence you in terms of the agreement that you and the state entered into. you are sentenced as follows Mr Matodzi:
1. You are sentenced to an effective term of imprisonment of 15 years of each count as set out in count 1 to 33, and it is ordered that the sentence imposed in respect of counts 2 to 33 to run concurrently with count 1. Meaning that the effective sentence that you are going to serve is 15 years.
2. You are not declared unfit to poses a firearm. That will be your sentence in terms of the agreement that you reach with the state.
- - - - - - - - - - - -
MOSOPA J
JUDGE OF THE HIGH
COURT
DATE: ……………….
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