Former Independent Communications Authority of South Africa (ICASA) chairperson Rubben Mohlaloga has lost his appeal against his 20-year fraud conviction sentence.
This, after years of trying to appeal the sentence handed down in 2019, arguing that the length of imprisonment is “shockingly disproportionate” to the convictions of fraud and money laundering.
Mohlaloga also contended that the regional court erred in failing to find there are substantial and compelling circumstances which justified a lesser sentence on his fraud conviction.
The former chairperson was found guilty of fraud and money laundering by a specialised commercial crimes court in January 2018.
He and his co-accused, which included former Land Bank CEO Philemon Mohlahlane and other accomplices, conspired and transferred R6 million from the Land Bank into Masepule Dinga Attorneys' trust account, according to the Hawks.
After the R6 million was received, say the Hawks, the funds were distributed and a farm was bought for R2 million, as well as an X5 BMW and BMW 118i for Mohlaloga, who was a member of Parliament and chairperson of the Portfolio Committee of Agriculture at the time.
Mohlaloga subsequently launched appeals contesting the guilty judgement against him and subsequent conviction.
On Friday, the Supreme Court of Appeal (SCA) dismissed the special leave to appeal Mohlaloga’s conviction and sentence.
The application to the SCA was for reconsideration of a decision refusing special leave to appeal. The court ruled there were no exceptional circumstances to warrant reconsideration of the decision.
“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,” reads judge Fayeeza Kathree-Setiloane’s ruling.
“Having regard…of the gravity of the offences committed by Mr Mohlaloga, his circumstances and the public interest, I am of the view that an effective sentence of 20 years’ imprisonment is not shockingly inappropriate. For these reasons, the appeal against sentence must fail.”
The decision by the SCA followed Mohlaloga’s initial appeal of his conviction and sentence to the Gauteng Division of the High Court. On 23 January 2023, the high court dismissed the appeal and confirmed his conviction and sentence. He applied to the SCAfor special leave to appeal against the dismissal of his appeal by the high court.
Mohlaloga was granted special leave to appeal against his sentence but was refused leave against conviction. On 1 September 2023, he applied to the president of the SCA for a reconsideration of the decision refusing special leave to appeal on conviction. On 3 January 2024, the president referred the decision for reconsideration and, if necessary, variation to the SCA.
Multiple appointments
Despite having a history of fraud allegations brought against him, the National Assembly approved Mohlaloga's appointment as chairperson of the ICASA council.
Mohlaloga was initially appointed as an ICASA councillor in July 2013. At the time, the then-Department of Communications, under former minister Dina Pule, said it was unaware Mohlaloga had the fraud charge hanging over his head when he was short-listed. He had also not disclosed the matter to the department, despite holding a senior position.
The Portfolio Committee on Communications condoned Mohlaloga's appointment after he was charged as there was nothing it could do to legally remove him.
A memo prepared by the Constitutional and Legal Services Office for the communications committee provided the opinion that no action can be taken against Mohlaloga, as he is presumed innocent.
Once councillors have been appointed, they can only be removed by the communications minister on grounds of misconduct, and can only justifiably be removed once they have been convicted, for example, for fraud, the memo stated.
After his stint as councillor, Mohlaloga was appointed as acting chairperson on 22 June 2016, pending the appointment of a permanent chairperson. Between July 2015 and November 2017, the position of chairperson of the ICASA council was rotated.
In September 2017, the regulator announced Mohlaloga’s departure and said he would be replaced by Paris Mashile. However, on 1 December 2017, Mohlaloga made a comeback and was appointed as council chairperson.
Mohlaloga’s chairperson status remained unchanged while he waited sentencing for his fraud conviction.
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