Fraud and corruption-accused former ANC MP Vincent Smith has suffered a major blow after he was refused access to over R2 million to fund his defence in the looming criminal trial.

The former chairperson of the National Assembly’s Portfolio Committee on Correctional Services is facing charges that he received payments totalling R600,000 from former Bosasa (now African Global Operations) chief operations officer Angelo Agrizzi, who is his co-accused in the matter alongside Smith’s company, Euroblitz 48.

The 65-year-old Smith and Euroblitz 48 together face seven counts of corruption and 18 of fraud, as well as money laundering and offences relating to the Tax Administration Act. Smith maintains that the funds were a loan and had electric fencing and a security system installed in one of his properties in Johannesburg by Bosasa.

In addition, Agrizzi also facilitated payments totalling R277,000, and some of the funds were used to pay for Smith’s daughter’s studies abroad in tranches between R10,000 and R220,000. Smith failed to declare the benefits he received from Bosasa as required of all members of Parliament by the Code of Ethical Conduct and Disclosure of Members’ Interests.

The National Prosecuting Authority (NPA) also accuses Smith of trying to return the favour to Bosasa by rubbishing a high-level probe into tender fraud at the Department of Correctional Services conducted by the Special Investigating Unit when the matter came before the Portfolio Committee on Correctional Services, which he chaired in Parliament at the time.

Earlier this year, the Gauteng High Court, Johannesburg, Acting Deputy Judge President Thifhelimbilu Mudau dismissed with costs Smith’s application for the release of funds in terms of the Prevention of Organised Crime Act (Poca) for legal expenses in his criminal trial limited to R2m.

Smith’s two properties registered at the Johannesburg and Pretoria deeds registries were placed under a preservation order granted in April 2021, in accordance with Poca.

The application was brought by National Director of Public Prosecutions Shamila Batohi and dealt with the properties and was meant to safeguard them to satisfy a possible confiscation order to the value of nearly R47m.

Smith disclosed a monthly pension from his annuity of R88,459 after tax deductions and R7,500 from property rental.

He explained that his actual expenses amounted to R77,545 a month, which left him with a surplus of approximately R18,415 monthly.

Smith complained that the amount was inadequate to fund his trial for the anticipated entire term and insisted that he had made a full disclosure of all assets relating to the determination of the value of realisable property.

However, Batohi told the court that Smith has never filed any application for living and legal expenses since the restraint order was granted, and admitted he could meet his expenses from unrestrained assets.

She said Smith saved over R18,000 a month for the last four-and-a-half years since he was arrested and could have had nearly R1m available towards his legal expenses, but instead continued with his exorbitant monthly expenses.

The exorbitant monthly expenses include R11,550 on credit cards and overdrafts, R16,500 on groceries, R7,200 on rent, despite owning properties, R8,100 on a domestic helper and garden services, R2,098 on a cellphone, R2,000 for clothing, R1,480 for satellite television, R899 for Wi-Fi, R5,500 on petrol while he is unemployed, R9,000 for medical fees, R1,000 on his tithe, and R3,200 on printing.

Additionally, the court heard that Smith’s disclosed income and expenses increased exponentially between the period May 2023 to March 2025, and he failed to provide a declaration of the increase in his income and/or expenses or supporting documents in support of the increase.

Smith failed to challenge the allegation that his income and/or expenses had increased, and his legal representative argued that the failure to file a replying affidavit was merely a mistake.

Judge Mudau also dismissed with costs his application for leave to appeal, for which he provided reasons on Tuesday this week. Smith indicated that the court erred in reading into the clear provisions of Poca that he must make a full declaration of his assets and liabilities.

“The application for leave to appeal is wholly unmerited,” ruled Judge Mudau.

On Thursday, Smith said he is yet to discuss the way forward with his legal team and has nothing to say at this point.

Henry Mamothame, spokesperson for the NPA’s Investigative Directorate Against Corruption, said Smith’s criminal trial is set down for October at the Gauteng High Court, Johannesburg.

loyiso.sidimba@inl.co.za

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