Alleged crime kingpin Vusimuzi "Cat" Matlala's plea deal hung by a thread on Wednesday, after a Pretoria magistrate rejected the eight-year sentence he had bargained for as too soft and said he deserved far longer behind bars.
Magistrate Ignatius du Preez told the Pretoria Specialised Commercial Crimes Court that the effective eight years the state and Matlala had agreed on did not fit the crime, and read out an effective 12 years as the sentence he considered just.
He then stood the matter down for 30 minutes for the defence and state to decide whether to accept the heavier sentence or walk away from the deal.
When the court resumed, Du Preez postponed the case to July 13.
This was after being told the parties were still in discussions over the sentence.
Matlala cut a lonely figure in the dock, standing in a dark suit and patterned tie as the magistrate delivered his judgment.
"Corruption has robbed South Africans of economic growth, jobs, functioning public services and public trust," Du Preez said.
"It has contributed directly to failing infrastructure, collapsing institutions and widespread poverty.
"These offences were committed out of greed and for no other reason."
Matlala had pleaded guilty last week in a deal that would see him turn state witness against senior police officers in exchange for a reduced sentence.
But Du Preez rejected the argument that his willingness to cooperate showed genuine remorse.
"I view the accused's willingness to assist the authorities as a bargaining tool aimed at securing a more lenient sentence," Du Preez said.
He said Matlala had come forward only after he was already in custody on another matter.
"Accused's willingness to cooperate with the authorities followed only after his arrest, and upon realising the authorities were onto him," he said.
The magistrate said the responsibility for exposing corruption did not lie with the accused.
"The duty to investigate and prosecute those who corrupt the institution of state rests upon the SA Police Service and the National Prosecuting Authority, and not upon the accused," Du Preez said.
"The fact that Accused 1 holds evidence against high-ranking officials cannot come at the cost of justice.
"Nor may Accused 1's cooperation be used to purchase a sentence that fails to reflect his own criminality."
Du Preez said he was not convinced that the state's case against other suspects depended on Matlala's help.
He said he knew of no high-profile accused who had signed such a deal and then actually begun testifying, and questioned whether plea bargains were delivering justice.
"Members of society may soon, if not already, doubt the effectiveness of plea and sentence agreements as a tool to effectively pursue justice," he said.
Turning to the sentence, Du Preez found that the deal did not reflect the seriousness of the crimes.
"I find that a sentence of 15 years' imprisonment, of which seven years are suspended, resulting in an effective period of eight years' incarceration, is not just," he said.
"If that was the case, I would have, without a doubt, imposed a much heavier sentence under the circumstances."
He said Matlala had driven the scheme.
Vusimuzi 'Cat' Matlala.