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Scholtz v NDPP (69/2018) [2019] ZASCA 136

11th October 2019

Click here to read the full judgment on Saflii

[1] There are two applications that have to be considered in this matter. The main one is an application for leave to appeal against a confiscation order granted by the Northern Cape Division of the High Court, Kimberley (court a quo) against the first to seventh applicants in terms of s 18 of Prevention of Organised Crime Act 121 of 1998 (POCA). The second application is ancillary to the main one and is an application for condonation of the late filing of the main application. Both applications were first considered by this court on 22 March 2018 and were referred for oral argument in terms of s 17(2) of the Superior Courts Act 10 of 2013. The court also ordered the parties to be prepared, if called upon to do so, to address it on the merits of the appeal against the confiscation order.

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[2] The first to seventh applicants were convicted in the court a quo on counts of corruption and money laundering. Subsequent to the convictions, an enquiry was held in terms of s 18 of POCA and, on 6 December 2016, the court made the confiscation order which is the subject of this application for leave to appeal. The amounts ordered to be confiscated were R6 043 960.15 and R53 763 021.85 respectively, against all the applicants, jointly and severally, the one paying the other to be absolved. The total amount was R59 806 982.00. Subsequent to the convictions and the confiscation order, the court a quo sentenced the applicants as follows:

a) the first applicant was sentenced to 15 years imprisonment on each of the two counts of corruption and 12 years imprisonment on each of the two counts of money laundering. The court ordered that the sentences imposed be served concurrently.

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b) the second to seventh applicants were each sentenced to a fine of R150 000 on a count of  corruption and second and third applicants were sentenced to a fine of   R75 000 on the money laundering count. 

EDITED BY: Creamer Media Reporter
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