Winnie Madikizela-Mandela’s former financial adviser Addy Moolman is finally to start serving his four-year jail sentence, the Pretoria High Court heard on Monday.
Judge MF Legodi on Monday dismissed with costs Moolman’s urgent application for bail, pending an application to the Constitutional Court about the constitutionality of his sentence.
The judge ordered Moolman to hand himself over to the clerk of the criminal court in Pretoria within five court days to start serving his sentence.
If he does not report, a warrant will be issued for his arrest.
Moolman and Madikizela-Mandela were convicted in 2003 on charges of fraud and theft of more than R900 000 in the Pretoria Regional Court, relating to obtaining fraudulent bank loans from Saambou for ghost employees of the African National Congress Women’s League, of which Madikizela-Mandela was president.
She was effectively sentenced to four years’ imprisonment and Moolman to five years. Two Pretoria High Court judges in July last year confirmed their fraud convictions, but set aside the theft convictions.
Moolman was sentenced to four years’ imprisonment. Madikizela-Mandela was sentenced to three years’ imprisonment, but the sentence was suspended.
The judges found that Moolman had not only defrauded his employer, but also enriched himself by earning commission. Madikizela-Mandela, on the other hand, was motivated by wanting to help poor people to obtain loans and had not benefited financially.
The judges in February this year dismissed Moolman’s application for leave to appeal against his conviction and sentence, but granted him bail pending the outcome of a petition to the Supreme Court of Appeal for leave to appeal. The appeal court on November 1 turned down his petition.
Moolman last week approached the court on an urgent basis for bail, pending a planned application to the Constitutional Court.
He claimed his prison sentence violated his constitutional right to freedom, dignity, equality before the law and not to be unfairly discriminated against.
Moolman no longer contended his conviction on 58 counts of fraud, but said his constitutional rights were violated because Madikizela-Mandela was given a suspended sentence for the same crimes.
He claimed his role in the political struggle was not taken into account adequately.
Legodi said Moolman’s chances of success in the Constitutional Court are slim and it is in his best interest that he start serving his sentence.
He said the provisions of the Constitution do not suggest that persons convicted of the same offences cannot be given different sentences.
Those who break the law have to be punished. Those convicted of more serious crimes run the risk of imprisonment. If convicted, they cannot say their right to freedom and dignity has been violated, Judge Legodi added.
It is clear the high-court judges gave thorough consideration to the role each of the accused had played and each one’s specific personal circumstances and it is unlikely that the Constitutional Court will find the manner in which these issues were dealt with was unconstitutional, the judge said. — Sapa