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IOL News
a day ago
- Business
- IOL News
Supreme Court upholds 20-year sentence for former Icasa chairperson Rubben Mohlaloga
Rubben Mohlaloga lost his appeal against his 20 year sentence for defrauding the Land Bank of R6 million. Image: File 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. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 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.
TimesLIVE
27-05-2025
- Business
- TimesLIVE
Policy directive ‘not a conspiracy to bring Starlink' into SA, says Malatsi
Communications and digital technologies minister Solly Malatsi has told his portfolio committee in parliament there is no conspiracy to pave a path for Elon Musk's Starlink to operate in the country. He insisted the process of engaging the Independent Communications Authority of SA (Icasa) around looking at the possibility of easing black economic empowerment (BEE) policies in the ICT sector for multinational companies started long before President Cyril Ramaphosa's recent meeting with US President Donald Trump in Washington. 'I make that point to showcase there is no conspiracy on our part with regards to the policy direction. There is no underhand effort in darkness to railroad this into the SA public,' said Malatsi. He was called before the portfolio committee on communications and digital technologies after gazetting on Friday a policy directive that seeks to relax BEE regulations in the ICT sector which were seen as a move to open the door for Starlink. Musk has refused to comply with licensing conditions that require a foreign company seeking to enter the ICT sector to give away 30% shareholding to black economic empowerment partners.
TimesLIVE
23-05-2025
- Business
- TimesLIVE
Minister Malatsi issues ICT directives relaxing BEE laws
Minister of communications and digital technologies Solly Malatsi has issued a policy directive that seeks to relax black economic empowerment (BEE) policies in the ICT sector, a move that may open the door for billionaire Elon Musk's Starlink to operate in SA. Malatsi issued the directive to the Independent Communications Authority of SA (Icasa) in a government gazette on Friday, days after President Cyril Ramaphosa met US President Donald Trump and his close adviser Musk. It is believed behind closed doors with the Trump team, the government conceded to paving the way for Starlink to operate in the country. Starlink, developed by SpaceX, is a satellite service designed to provide high-speed, low-latency internet access, specially in remote areas. It uses thousands of low earth orbit satellites that communicate with ground stations and user terminals to deliver broadband internet. Musk has refused to comply with licensing conditions that require a foreign company seeking to enter the ICT sector to give away 30% shareholding to black economic empowerment partners. Malatsi has issued a policy directive to Icasa which could pave the way for the BEE laws to be relaxed in favour of equity equivalents that will allow foreign investors to enter the ICT sector by scoring BEE points for undertaking activities such as investing in infrastructure in rural areas. In the gazette, Malatsi said the objectives of the policy directive are to give effect to existing national and sector policy pertaining to the rollout of broadband and bridging the digital divide.
