SCA upholds lengthy sentence for former ANC MP
The SCA recently rejected former ANC MP Manyaba Mohlaloga’s bid to overturn his 20-year prison sentence for stealing R6m from a government agricultural empowerment fund.
The court dismissed his appeal against his sentence and struck his application for reconsideration of his conviction from the roll.
The Citizen reports that Mohlaloga, who chaired Parliament’s Portfolio Committee on Agriculture, was found guilty of fraud and money laundering under the Prevention of Organised Crime Act for plundering the Agricultural Broad-Based Black Economic Empowerment (AgriB-BBEE) Fund between 2007 and 2008.
Parliament created the programme to provide financial assistance to previously disadvantaged farmers.
‘Its objective was to facilitate broad-based black economic empowerment in the agricultural sector,’ the court noted.
According to the court, the initiative aimed ‘to include black South Africans at all levels of agricultural activity and enterprises along the entire agricultural value chain.
The Department of Agriculture and Land Bank established the fund with R100m from National Treasury.
The court found that the fraudulent scheme began when Mohlaloga approached Tjia, head of the Limpopo Youth Commission, proposing that they seek project funding.
When acting Land Bank CEO Phil Mohlahlane informed them they qualified for a R3m grant, the court found their plans immediately shifted.
The transformation was telling.
‘It was apparent, from that point on, that they intended to make a profit from the project, and it ceased to be a broad-based empowerment programme,’ the judgment states.
On 1 February 2008, R6m flowed from the fund to Nkhwashu’s law firm trust account.
‘Within a period of three months from date of payment of the R6m into the DKD attorneys’ trust account, an amount of only R22 641.44 remained,’ the court found.
The Citizen reports that Mohlaloga’s reconsideration application claimed ‘blatant misapplication of fundamental legal principles’ constituted exceptional circumstances warranting review.
He argued the case would ‘result in an irreparable injustice’ and lead to ‘a travesty of justice’.
Judge Fayeeza Kathree-Setiloane rejected these arguments: ‘I am unable to find that exceptional circumstances exist in this case that warrant a reconsideration of the decision refusing leave to appeal,’ she wrote.
‘The errors which the High Court is said to have made ultimately turn on the evaluation of the evidence and findings of fact and law which have been raised before.’
The SCA ultimately struck Mohlaloga’s reconsideration application from the roll and dismissed his sentence appeal, confirming his two-decade imprisonment.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
