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Former ANC MP Vincent Smith denied R2m for legal defence in fraud case
Former ANC MP Vincent Smith denied R2m for legal defence in fraud case

IOL News

time5 days ago

  • Politics
  • IOL News

Former ANC MP Vincent Smith denied R2m for legal defence in fraud case

Former ANC MP Vincent Smith, pictured here appearing in court, has been unsuccessful in his bid to access just over R2 million to fund his defence in his upcoming criminal trial. Image: Supplied Fraud and corruption-accused former ANC MP Vincent Smith has suffered a major blow after he was refused access to over R2 million to fund his defence in the looming criminal trial. The former chairperson of the National Assembly's Portfolio Committee on Correctional Services is facing charges that he received payments totalling R600,000 from former Bosasa (now African Global Operations) chief operations officer Angelo Agrizzi, who is his co-accused in the matter alongside Smith's company, Euroblitz 48. The 65-year-old Smith and Euroblitz 48 together face seven counts of corruption and 18 of fraud, as well as money laundering and offences relating to the Tax Administration Act. Smith maintains that the funds were a loan and had electric fencing and a security system installed in one of his properties in Johannesburg by Bosasa. In addition, Agrizzi also facilitated payments totalling R277,000, and some of the funds were used to pay for Smith's daughter's studies abroad in tranches between R10,000 and R220,000. Smith failed to declare the benefits he received from Bosasa as required of all members of Parliament by the Code of Ethical Conduct and Disclosure of Members' Interests. The National Prosecuting Authority (NPA) also accuses Smith of trying to return the favour to Bosasa by rubbishing a high-level probe into tender fraud at the Department of Correctional Services conducted by the Special Investigating Unit when the matter came before the Portfolio Committee on Correctional Services, which he chaired in Parliament at the time. Earlier this year, the Gauteng High Court, Johannesburg, Acting Deputy Judge President Thifhelimbilu Mudau dismissed with costs Smith's application for the release of funds in terms of the Prevention of Organised Crime Act (Poca) for legal expenses in his criminal trial limited to R2m. Smith's two properties registered at the Johannesburg and Pretoria deeds registries were placed under a preservation order granted in April 2021, in accordance with Poca. The application was brought by National Director of Public Prosecutions Shamila Batohi and dealt with the properties and was meant to safeguard them to satisfy a possible confiscation order to the value of nearly R47m. Smith disclosed a monthly pension from his annuity of R88,459 after tax deductions and R7,500 from property rental. He explained that his actual expenses amounted to R77,545 a month, which left him with a surplus of approximately R18,415 monthly. Smith complained that the amount was inadequate to fund his trial for the anticipated entire term and insisted that he had made a full disclosure of all assets relating to the determination of the value of realisable property. However, Batohi told the court that Smith has never filed any application for living and legal expenses since the restraint order was granted, and admitted he could meet his expenses from unrestrained assets. She said Smith saved over R18,000 a month for the last four-and-a-half years since he was arrested and could have had nearly R1m available towards his legal expenses, but instead continued with his exorbitant monthly expenses. The exorbitant monthly expenses include R11,550 on credit cards and overdrafts, R16,500 on groceries, R7,200 on rent, despite owning properties, R8,100 on a domestic helper and garden services, R2,098 on a cellphone, R2,000 for clothing, R1,480 for satellite television, R899 for Wi-Fi, R5,500 on petrol while he is unemployed, R9,000 for medical fees, R1,000 on his tithe, and R3,200 on printing. Additionally, the court heard that Smith's disclosed income and expenses increased exponentially between the period May 2023 to March 2025, and he failed to provide a declaration of the increase in his income and/or expenses or supporting documents in support of the increase. Smith failed to challenge the allegation that his income and/or expenses had increased, and his legal representative argued that the failure to file a replying affidavit was merely a mistake. Judge Mudau also dismissed with costs his application for leave to appeal, for which he provided reasons on Tuesday this week. Smith indicated that the court erred in reading into the clear provisions of Poca that he must make a full declaration of his assets and liabilities. 'The application for leave to appeal is wholly unmerited,' ruled Judge Mudau. On Thursday, Smith said he is yet to discuss the way forward with his legal team and has nothing to say at this point. Henry Mamothame, spokesperson for the NPA's Investigative Directorate Against Corruption, said Smith's criminal trial is set down for October at the Gauteng High Court, Johannesburg.

Swiss husband ordered to pay R277,000 in maintenance despite skiing accident excuses
Swiss husband ordered to pay R277,000 in maintenance despite skiing accident excuses

IOL News

time7 days ago

  • IOL News

Swiss husband ordered to pay R277,000 in maintenance despite skiing accident excuses

A divorcing husband's excuses that he was involved in a skiing accident and thus cannot pay maintenance to his wife, was rejected by the court. Image: File The Western Cape High Court has reminded a Swiss husband of his legal obligation to pay maintenance to his estranged wife, even if only interim payments as stipulated in a court order pending their final divorce. The court dismissed his claims of a skiing accident as an excuse for his failure to pay, ordering him to settle R277,000 in overdue maintenance. This must be done within 15 days and if he failed, his wife was granted permission to immediately launch contempt of court proceedings against him. The wife, who lives in Cape Town, turned to court as she wants her husband, from whom she is not yet divorced, to honour his maintenance obligations as per a previous court order. The husband was earlier ordered to pay R31 773 per month, effective from September 1, 2022, towards his wife's upkeep, pending their divorce. While he did pay for a while, he simply stopped the payments. He explained that in January 2023, while skiing with his family in Grindelwald, he had an accident as he fell and hit his head. He was hospitalised the same day and was discharged the following day. Pursuant to the injury, he felt confused and disoriented and had a headache. He subsequently collapsed and was taken to the hospital. 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 Next Stay Close ✕ Ad loading The court said, as pointed out by his wife, the husband had enough money as the funds are in Swiss francs, one of the strongest currencies in the world. The husband could have easily made payments to the applicant in rands, which is weaker than the Swiss franc, it said. But what was most concerning to the court was the fact the husband pleaded poverty, while it came to light that he was a beneficiary of a R20.3 million trust fund. 'The respondent (husband) is fully capable of accessing his portion of these funds to pay maintenance to the applicant as per the court order,' the judge said. Cape Argus

Court rejects Swiss husband's attempt to evade maintenance by claiming poverty
Court rejects Swiss husband's attempt to evade maintenance by claiming poverty

IOL News

time7 days ago

  • General
  • IOL News

Court rejects Swiss husband's attempt to evade maintenance by claiming poverty

A divorcing husband's excuses that he was involved in a skiing accident and thus cannot pay maintenance to his wife, was rejected by the court. Image: FILE To pay maintenance to a divorcing spouse - even if it is only interim payments as per a court order pending a final divorce - is a legal obligation, the court reminded a husband based in Switzerland, who blamed a skiing accident for his non-payment. The Western Cape High Court did not accept his excuses and ordered the man to pay R277 000 in arrear maintenance to his wife. This must be done within 15 days and if he failed, his wife was granted permission to immediately launch contempt of court proceedings against him. The wife, who lives in Cape Town, turned to court as she wanted her husband, from whom she is not yet divorced, to honour his maintenance obligations as per a previous court order. The court, in dealing with the matter, remarked that 'we must remind ourselves" that one of the legal consequences of marriage, whether in or out of community of property, is that the spouses owe each other a reciprocal duty of maintenance according to their means. The scale on which support must be contributed depends upon the social position, financial means and style of living chosen by the spouse. The husband was earlier ordered to pay R31 773.70 per month, effective from September 1, 2022, towards his wife's upkeep, pending their divorce. While he did pay for a while, he simply stopped the payments. The husband disputed that he was in wilful default in not complying with the court order. He explained that in January 2023, while skiing with his family in Grindelwald, he had an accident as he fell and hit his head. He was hospitalised the same day and was discharged the following day. Pursuant to the injury, he felt confused and disoriented and had a headache. He subsequently collapsed and was taken to the hospital. 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 Next Stay Close ✕ At the hospital, he was later informed that he had suffered a coronary stroke and that the stroke was likely to have been caused by his fall, which he experienced during the skiing trip. According to the husband, he was in a coma for three days. The respondent asserted that he could not return to work. The Child and Adult Protection Authorities in Switzerland meanwhile appointed a legal guardian to assist the husband with managing his affairs. The Swiss Accident Insurance Organisation, however, until the end of June this year, issued him with a monthly disability income of about 80% of his previous salary. But, the husband said, he must pay his own expenses from this money. The court questioned why he never told his curator, who managed his affairs, that he had to pay maintenance to his wife, as per a court order. The court said, as pointed out by his wife, the husband had enough money as the funds are in Swiss francs, one of the strongest currencies in the world. The husband could have easily made payments to the applicant in rands, which is weaker than the Swiss franc, it said. But what was most concerning to the court was the fact the husband pleaded poverty, while it came to light that he was a beneficiary of a R20.3 million trust fund. 'The respondent (husband) is fully capable of accessing his portion of these funds to pay maintenance to the applicant as per the court order,' the judge said. Cape Times

Court enforces maintenance payments from husband after skiing accident excuses
Court enforces maintenance payments from husband after skiing accident excuses

IOL News

time11-08-2025

  • General
  • IOL News

Court enforces maintenance payments from husband after skiing accident excuses

A divorcing husband's excuses that he was involved in a skiing accident and thus cannot pay maintenance to his wife, was rejected by the court. Image: File To pay maintenance to a divorcing spouse - even if it is only interim payments as per a court order pending a final divorce - is a legal obligation, the court reminded a husband based in Switzerland, who blamed a skiing accident for his non-payment. The Western Cape High Court did not accept his excuses and ordered the man to pay R277,000 in arrear maintenance to his wife. This must be done within 15 days and if he failed, his wife was granted permission to immediately launch contempt of court proceedings against him. The wife, who lives in Cape Town, turned to court as she wants her husband, from whom she is not yet divorced, to honour his maintenance obligations as per a previous court order. The court, in dealing with the matter, remarked that 'we must remind ourselves" that one of the legal consequences of marriage, whether in or out of community of property, is that the spouses owe each other a reciprocal duty of maintenance according to their means. The scale on which support must be contributed depends upon the social position, financial means and style of living chosen by the spouse. The husband was earlier ordered to pay R31,773,70 per month, effective from 1 September 2022, towards his wife's upkeep, pending their divorce. While he did pay for a while, he simply stopped the payments. The husband disputed that he was in wilful default in not complying with the court order. He explained that in January 2023, while skiing with his family in Grindelwald, he had an accident as he fell and hit his head. He was hospitalised the same day and was discharged the following day. Pursuant to the injury, he felt confused and disoriented and had a headache. He subsequently collapsed and was taken to the hospital. 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 Next Stay Close ✕ At the hospital, he was later informed that he had suffered a coronary stroke and that the stroke was likely to have been caused by his fall, which he experienced during the skiing trip. According to the husband, he was in a coma for three days. The respondent asserted that he could not return to work. The Child and Adult Protection Authorities in Switzerland meanwhile appointed a legal guardian to assist the husband with managing his affairs. The Swiss Accident Insurance Organisation, however, until the end of June this year, issued him with a monthly disability income of about 80% of his previous salary. But, the husband said, he must pay his own expenses from this money. The court questioned why he never told his curator, who managed his affairs, that he had to pay maintenance to his wife, as per a court order. The court said, as pointed out by his wife, the husband had enough money as the funds are in Swiss francs, one of the strongest currencies in the world. The husband could have easily made payments to the applicant in rands, which is weaker than the Swiss franc, it said. But what was most concerning to the court was the fact the husband pleaded poverty, while it came to light that he was a beneficiary of a R20.3 million trust fund. 'The respondent (husband) is fully capable of accessing his portion of these funds to pay maintenance to the applicant as per the court order,' the judge said.

US introduces $15,000 visa deposit for Malawi and Zambia: Could South Africa be next?
US introduces $15,000 visa deposit for Malawi and Zambia: Could South Africa be next?

IOL News

time06-08-2025

  • Business
  • IOL News

US introduces $15,000 visa deposit for Malawi and Zambia: Could South Africa be next?

The new visa policy raises questions about its potential expansion to South Africa, where concerns are mounting among travellers and immigration experts. The US State Department has launched a 12-month pilot initiative requiring visa applicants from Malawi and Zambia to pay a substantial security bond. According to the department, the policy is designed to discourage visa overstays and is targeted at countries deemed to have high overstay rates or inadequate screening procedures. This measure specifically applies to B-1 (business) and B-2 (tourism) visa categories. While the $15,000 (R277,500) bond is refundable, it presents a significant financial burden for applicants, especially in nations where the average annual income is a fraction of that amount. A spokesperson for the State Department explained, 'This is a targeted approach to encourage compliance with US immigration law. The bond will be returned after the visitor leaves the US within the permitted time frame.' However, some experts warn the policy may disproportionately affect law-abiding travellers while doing little to resolve underlying visa processing challenges. According to 2023 figures from the US Department of Homeland Security, approximately 14% of Malawian and 11% of Zambian visitors overstayed their visas. While these numbers are concerning, they are far lower than those of other countries like Haiti (31%), Myanmar (27%) and Yemen (20%), prompting questions around the criteria for the pilot rollout.

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