Court says no to warrant for auction boss

2012-04-12 17:40

Johannesburg - An application for an arrest warrant for Auction Alliance boss Rael Levitt was rejected by the Pretoria Magistrate's Court, his attorney said on Thursday.

Dale Smiedt, of Smiedt and Associates Attorneys, said: "We understand that the [consumer] commissioner approached the Magistrate's Court in Pretoria [on Wednesday] to have a warrant for Mr Levitt's arrest issued."

The request was denied, however.

Directorate of Public Prosecutions spokesperson  Medupe Simasiku confirmed this, and said the summons was not properly served to Levitt.

"The summons were served to the accused's attorneys instead... the correct way is to serve the summons to the accused in person 14 days before the set court date."
Simasiku said the process would start over and a new court date would be set.

Earlier this week, the National Consumer Commission (NCC) threatened to have Levitt arrested if he failed to appear at a hearing on Tuesday. He failed to appear at the last three NCC hearings.

The NCC is probing claims that Levitt was involved in auction rigging, after businesswoman Wendy Appelbaum said she had been "duped" at an auction in December.

In a statement on Wednesday, senior partner Alan Smiedt said summonses issued by the NCC were invalid. He said this was because they were not properly served, as required by the Consumer Protection Act and Criminal Procedure Act no 51 of 1977.

If the NCC tried to use a new summons for a warrant application, it would be "vigorously opposed", Smiedt said.

The commission ruled on the Appelbaum matter last Thursday, finding Levitt guilty of bid rigging and fraud. It sentenced him to 12 months in jail or a R1m fine, The Star reported.

Smiedt said on Wednesday this needed to be reviewed, and the relevant papers were being prepared. He also disputed the NCC's right to impose a jail sentence.

The NCC could not immediately be reached for comment.

Read more on:    auction alliance  |  rael levitt

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
13 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.