ANC: Winnie 'safe' - for now

2003-04-24 16:00

Donwald Pressly

Cape Town - The African National Congress (ANC) said on Thursday that steps would only be taken against Winnie Madikizela-Mandela when the legal process of her fraud and theft trial were completed.

This follows the judgment earlier on Thursday by the Pretoria Regional Court which found her guilty of fraud and theft involving about one million rand.

The trial was postponed to Friday for argument in mitigation and aggravation of sentence and bail of both the accused of R5 000 was extended. Her co-accused broker Addy Moolman was also found guilty.

In a statement ANC chief whip Nathi Nhleko said - via his spokesperson Vusi "Cuba" Mahaye - "The African National Congress respects the decision of the court. We will be studying the judgment accordingly, while awaiting sentencing."

He added further: "Any necessary steps will be taken when this legal process has been concluded."

Madikizela-Mandela, who has been a member of parliament since 1994 and is head of the Women's League, and Moolman pleaded not guilty to 60 charges of fraud and 25 charges of theft.

They were accused of using letters on women's league letterhead paper bearing her signature to fraudulently obtain loans from Saambou Bank.

With a possible sentence of 15 years, Madikizela-Mandela is expected to take the judgment on appeal.

In terms of the constitution every citizens who is qualified to vote for the national assembly is eligible to be a member of the assembly except anyone "(who) is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired".

It continues further that a disqualification under this paragraph ends five years after the sentence has been completed.

Madikizela-Mandela has come close to being disqualified from being a parliamentarian before.

In 1989 her controversial bodyguards - the so-called Mandela United Football Club - kidnapped four young activists and one was killed.

Madikizela-Mandela, then still married to former president Nelson Mandela, was convicted of kidnapping and accessory to assault and sentenced to four years jail.

However, her appeal was upheld and a fine imposed instead.

- I-Net Bridge (Business)