The Scorpions welcomed an appeal against a precedent-setting Cape High Court judgement on Wednesday, in which illicit diamond trader Tony Dos Santos was sentenced to eight years’ imprisonment.
”The defence has indicated that they wish to appeal to the Supreme Court of Appeal in Bloemfontein. We would welcome this development since it will allow the jurisprudence relating to racketeering to be developed so that it finds national application,” said Adrian Mopp, head of the Directorate of Special Operations (the Scorpions) in the Western Cape.
Dos Santos was sentenced to eight years in jail following his conviction last Thursday of racketeering under the ”anti-Mafia” Prevention of Organised Crime Act.
A further five years’ imprisonment, for dealing in illicit diamonds, will run concurrently with the eight years.
It is the first racketeering conviction in South African law where the accused pleaded not guilty to the charge.
Mopp welcomed the court’s sentence, saying it reflects a commitment made by the provincial government to tackle organised crime.
In justifying sentence, acting Judge Andre le Grange said racketeering is a serious offence, and noted that Dos Santos had used his financial muscle to corrupt members of an impoverished community to commit crimes on his behalf.
Evidence led in the trial established that Dos Santos had trained individuals to buy and sell diamonds on his behalf, and that he had set up a special room on his premises to conduct this business.
During Wednesday’s court proceedings, the prosecution also applied to confiscate illicit diamonds and the proceeds of Dos Santos’s crimes.
This application will be heard on September 5.
Dos Santos’s co-accused, Sikhosipho Derick Mabatha, who was convicted of one count of dealing in illicit diamonds, was sentenced to a fine of R20 000 or four years, half of which was conditionally suspended.
Dos Santos’s bail of R500 000 has been extended pending the appeal. — Sapa