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.

  • Shirley - 2012-04-12 17:51

    Another crim going to get away because of incompetance!

  • bluzulu - 2012-04-12 18:23

    Confiscate his entire estate, Thank you. We can use this money to pay for the imminent name changes to streets and cities etc.

  • celeste.rsa - 2012-04-12 18:31

    Is the crook even back in the country? He high-tailed it to Israel when the scandal broke.

      Atholl - 2012-04-13 00:28

      Will Levitt Run or will he Hide? ---------------- OFFENCES --------- CORRUPTION - Act N° 12 of 2004 Chapter 2 [[ Part 4 ]]: Specific Matters :Offences in respect of corupt activities related to auctions. S14 (1) Any auctioneer who directly or indirectly -- (a) accepts or agrees or offers to accept any gratification from any other person, whether for the benefit of himself or herself or for the benefit of another person --- (i) in order to conduct the bidding process at an auction [[ in a manner so as to favour or prejudice a specific person ]]... [[ is guilty ]] of the offence of corrupt activities relating to auctions. ===== see penalties ==>

      Atholl - 2012-04-13 00:29

      ---------------- PENALTIES ----------- Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 2 of 2004) Chapter 5 : Penalties and related matters S 26. Penalties 1) Any person who is convicted of an offence referred to in- a) Part 1, 2, 3 or [[ 4 ]], or section 18 of Chapter 2, is liable- i) in the case of a sentence to be imposed by a High Court, to a fine or to imprisonment up to a period for imprisonment for [[ life ]]; ii) in the case of a sentence to be imposed by a regional court, to a fine or to imprisonment for a period not exceeding [[ 18 years ]]; or iii)in the case of a sentence to be imposed by a magistrate's court. to a fine or to imprisonment for a period not exceeding [[ five years ]]; ----------------- BETTING -------------- ============ === ......Bets .......Are .........Open ............ ... Odds : Will Levit Return or Run? }} Return - 10:1 // Run - 1: 1,000,000 (fav) ... Will .. assets ... B .. seized and auctioned }} Seized - 1:1 // No Action 1: 1,000 (fav) ... Will .. auction ...B ... lawful ............... }} lawful 10:1 // Unlawful 1:1,000 (fav) ========= place === your === bets =====

  • Andrew - 2012-04-12 18:33

    Typical of our AA appointed NPA serving the summons on the wrong person? Anything new???? No wonder why our judicial system is in such a shambles but Zuma want the SCA and Concort's rulings reviewed. Says a lot for our systems does it not???

      fezile.njokweni - 2012-04-13 08:48

      Go to Australia or New Zealand where things are perfect...Where are you from again?

  • Ken - 2012-04-12 19:02

    Auctioneers are 2nd only to tow truck drivers as scum of the earth! Lock them up, aution their possesions and tow away their cars!

  • Paul - 2012-04-12 19:10

    "Summons was not properly served...." Trust the NCC to screw this up. Basics, basics.....basics. Can't get the basics right!!! Or perhaps they screwed this up for good reason!?

  • Dawood - 2012-04-12 19:10

    lock this scum of the earth up.

  • fezile.njokweni - 2012-04-13 08:51

    White people always wanting to prove the Black man wrong....This is Africa, nothing is can go to Australia or New Zealand the land British convicts and racists....your perfect world...

      Rob - 2012-04-13 08:59

      You'd love it there too Fezile. Clean, orderly & the majority of the people of those countries are law abiding citizens who are presided over by a government that is elected by mostly educated people, not sheeple. Sound good ! Less breeding, more willingness to become educated & put in a decent days work & we could have the " perfect world " here too !

      bluzulu - 2012-04-13 09:14

      ""Less breeding""....what a load of nonsense!!

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