Winnie calm at guilty verdict

2003-04-24 12:20

Pretoria - Winnie Madikizela-Mandela was found guilty in Pretoria regional court on 43 charges of fraud and 25 of theft on Thursday.

Her co-accused, broker Addy Moolman, was convicted on 58 charges of fraud and 25 of theft.

Delivering judgment, magistrate Peet Johnson said the State's evidence against the two was "overwhelming".

Madikizela-Mandela, wearing a cream suit, was calm as the verdict was pronounced. Her daughter, Zinzi, chewed gum throughout the judgment, but stopped when the verdict was given.

The African National Congress Women's League president and Moolman had pleaded not guilty to 60 fraud and 25 theft charges.

The trial got under way in July last year and proceeded in fits and starts, with 23 witnesses testifying for the State. Madikizela-Mandela and Moolman went into the witness box in their own defence.

The fraud charges relate to loans obtained from Saambou Bank for non-league employees with the use of letters on the organisation's letterheads and with Madikizela-Mandela's signature.

These documents stated the applicants worked for the league.

The theft charges pertain to amounts of R360 deducted from loan applicants' bank accounts for a funeral policy which the State says was not underwritten.

Prosecutor Jan Ferreira asked the court to convict the couple on most of the charges against them, with the exception of two fraud charges for which the State did not present evidence.

Madikizela-Mandela should also be exonerated on 16 fraud counts because a handwriting expert testified the signature on the letters in those instances were forged, Ferreira said.

Ishmael Semenya, counsel for Madikizela-Mandela, insisted his client initiated the loan scheme for philanthropic reasons. She neither read the letters before signing them nor knew they contained falsehoods.

Francois Joubert, for Moolman, maintained his client had permission from a senior bank official to apply for loans for outsiders using ANCWL letters and fake details.

Saambou bent the rules because it wanted to get the business of the ANC itself, Joubert contended.

'Both had direct intent to defraud'

The magistrate found Madikizela-Mandela and Moolman had a common purpose in committing the crime.

"Both had the direct intent in each case to defraud Imstud and/or Saambou." Imstud was a brokerage that formed part of the loan scheme.

The magistrate found Moolman had given instructions for the premiums for the funeral policies to be deducted from the accounts of loan applicants.

"He had the intention to permanently deprive these people of their money."

Moolman did this knowing there was no arrangement for funeral cover.

Johnson found Madikizela-Mandela was an accomplice to theft. As a director of the Funeral and Legal Advisory Consultancy, she was part of the plan for the funeral scheme.

She knew Moolman would arrange for the deduction of the premiums from the applicants' accounts, Johnson said.

The case postponed to Friday for evidence in mitigation of sentence to be heard and Madikizela-Mandela's and Moolman's bail was extended.

- SAPA