Ishwarlall Ramlutchman – convicted of fraud and corruption – stands to lose millions after the SCA ordered that an inquiry be held to determine how much money should be confiscated from him, says a report in The Mercury. Ramlutchman might have thought his assets were safe after both the trial court and the KZN High Court (Pietermaritzburg) ruled that his assets could not be confiscated because the state had not determined the exact amount by which he had benefited through his fraudulent activities.

But the SCA set aside the High Court’s ruling and ordered that the Specialised Commercial Crime Court conduct an inquiry. In his judgment, handed down on Friday, Judge Rammaka Mathopo said the purpose of confiscating proceeds of crime was to ensure that criminals realised they could not benefit from the ill-gotten gains and that crime did not pay. He said that in instances like this, the court had to do a ‘balancing act’ to determine the amount to be confiscated.

Mathopo agreed with the state that Ramlutchman had ‘benefited’ from the R52m total value of the contract. ‘Both the Regional and High Court erred in this regard,’ he said.

Full report in The Mercury (subscription needed)

NDPP v Ramlutchman