Supreme Court upholds 20-year sentence for former Icasa chairperson Rubben Mohlaloga
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Convicted former Independent Communications Authority of SA (Icasa) chairperson Rubben Mohlaloga will have to serve his 20-year jail sentence for his role in defrauding the Agri-Broad-Base Black Economic Empowerment Fund (AgriBBBEE), which was established to assist previously disadvantaged farmers.
The Supreme Court of Appeal turned down his appeal against his conviction and sentence, and Judge Fayeeza Kathree-Setiloane, who wrote the judgment, had strong words regarding the conduct of Mohlaloga.
Mohlaloga, formerly ANC Youth League deputy president, turned to the SCA after the high court rejected his appeal bid. He was earlier convicted in the regional court of fraud and contravention of the Prevention of Organised Crime Act (POCA). The regional court sentenced him to 15 years' imprisonment on each count and ordered that he serve an effective 20 years' imprisonment.
Mohlaloga, a member of Parliament and Chairperson of the Portfolio Committee on Agriculture at the time, colluded with others to secure a R6-million grant under false pretences. The AgriBBBEE was approved by Parliament to assist previously disadvantaged farmers financially. Its objective was to facilitate broad-based black economic empowerment in the agricultural sector.
The fund was managed and administered by the Land Bank on behalf of the National Department of Agriculture (DoA). It received R100 million from the National Treasury.
In February 2008, R6 million was transferred from the fund to the trust account of a law firm, and this payment was disbursed largely to Mohlaloga. Within three months, the grant money was depleted, and not a cent had been spent for the purpose for which it had been originally designated by the Land Bank.
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Among Mohlaloga's grounds for appeal was that his 20-year sentence was shockingly harsh. He also appealed against the high court's refusal to grant him leave to appeal his conviction. He argued that the high court had misapplied legal principles regarding several aspects of his trial, including the doctrine of common purpose.
In rejecting his grounds for appeal, the SCA noted that he played a vital role in committing the crimes. It was also noted that at the time, he was an elected and trusted member of Parliament.
In once again turning down his appeal, Judge Kathree-Setiloane remarked that he abused that trust by perpetrating the crime of fraud against the fund, which was funded by taxpayers' money.
'It is inconceivable that Mr Mohlaloga did not know what the purpose of the grant was, and that it was directed at empowering previously disadvantaged people. Despite being given an opportunity to repay the money by the regional court, Mr Mohlaloga failed to do so,' the judge added.
The judge stated that corruption and white-collar crime in state-owned entities lead to economic decline, job losses, more poverty, and reduced public trust.
'Unless those convicted of such crimes receive appropriate sentences, public confidence and participation in government institutions would be completely eroded, leading to increased inefficiencies and possible collapse,' Kathree-Setiloane said in turning down his appeal.
zelda.venter@inl.co.za
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