David Malatsi's appeal dismissed

2012-11-13 12:42

Cape Town - Former politician David Malatsi will serve five years in jail for corruption after an appeal against his conviction and sentencing failed on Tuesday.

Western Cape High Court Judge Patrick Gamble took less than a minute to read out the appeal judgment, stating only that the "appeal is dismissed and the conviction is confirmed".

The former provincial environmental affairs MEC and national deputy social development minister was not present in court when judgment was handed down.

His lawyers were not immediately available to comment on where he was and when he would hand himself over to correctional services officials.

Payment over golf estate

In October 2006, the Cape Town regional court found Malatsi guilty of corruption after he accepted a R100 000 payment from the developer of Roodefontein Golf and Country Estate to approve the development, despite clear environmental concerns and procedures.

The money was given to him in April 2002 by Count Riccardo Augusto, the owner and developer of the R550m Plettenberg Bay project.

Malatsi was sentenced in December 2006 to five years in jail and at the same time, granted leave to appeal.

He was granted bail pending the outcome of the appeal.

His appeal came before Gamble and Judge Elizabeth Baartman in August this year, where his lawyer said he accepted the money in his fund-raising capacity as a New National Party (NNP) member and it played no part in the ultimate decision to approve the development.

In his judgment, Gamble said this was hard to believe.

"It is inconceivable that a person in the position of the appellant could not have realised, given the crucial timing of the handing over of the cheque, that he was expected to bring his side of the bargain to the table and to facilitate the passing of the necessary statutory approvals in exchange for the handsome contribution to his party."

He said Malatsi, as an experienced public office bearer, should have known he had to observe fairness and impartiality in his dealings with the public and with provincial departments.

  • Andrea - 2012-11-13 12:46

    Why did this take so long to conclude?

      jonathancfarrell - 2012-11-13 12:56

      They were waiting for other prisoners to graduate in prison so someone can fill his vacancy :)

      charlesdumbwin.dumbwin - 2012-11-13 12:57

      HAHA. Glad this criminal is being kept behind bars!

      brad.ken.18 - 2012-11-13 13:03

      Ah these vermin never serve their full sentences anyway. This thief will be out in no time!

      arthurenlouise.tarr - 2012-11-13 13:40

      My question exactly.

  • israel.maseko.5 - 2012-11-13 12:47

    This will set a very good example to the corrupt individuals. Let it be a precedent for those involove in corrupt activities.

  • somikazi.pita - 2012-11-13 12:49

    What about the corrupter?

      deon.louw.7505 - 2012-11-13 13:36

      He paid a fine of a R1M if I am not mistaken.

      piet.snot.77964 - 2012-11-13 15:34

      Why is Count Riccardo Augusto not in jail? R1 mill is nothing for him to pay

  • glen.e.huysamer - 2012-11-13 12:50

    Is he in jail yet?

      peter.ndamase - 2012-11-13 13:46

      No, still consulting the "right" doctors about "instant chronic diseases"

  • frans.vanderpoll - 2012-11-13 12:50

    The biggest of them all is still walking the passageways of parliament and still committing corruption on a daily basis.

      roy.wadhams.1 - 2012-11-13 14:23


      roy.wadhams.1 - 2012-11-13 14:24


  • thabo.letlhoo - 2012-11-13 12:51

    If he had accepted his fate and went to jail in 2006 he would've been out by now.

      kevin.watson.7906 - 2012-11-13 15:38

      He would have been out by 2009, and could have spent the time asking Zuma for a pardon, now that the NP has merged with the ANC.

  • cynic.martian.3 - 2012-11-13 12:52

    What happened to the R100K!

      elspeth.hassall - 2012-11-13 12:57

      Good question!

      Andrea - 2012-11-13 13:18


  • glen.e.huysamer - 2012-11-13 12:52

    Is he in jail yet and has the Count also been charged with curruption of a public official?

  • faizel.mahomed.7 - 2012-11-13 13:14

    five years????? And Wendy that criminal got a fine??? She stole 100 times more... What a joke?

      mark.singh.9889 - 2012-11-13 13:36

      Actually she stole 270X more

      deon.louw.7505 - 2012-11-13 13:44

      Maybe Malatsi did not have any money left for a fine?

  • mart.botha - 2012-11-13 13:14

    We are over-populated and have no room for -anti-social criminals no matter who they are. Take them off our streets before they own them entirely. Those of us who have the discipline and determination to always do what is right, must start making a louder noise and exert our influence on Justice and the Government to short circuit this procrastination with what is effectively our enemy. NO ONE IS ALLOWED TO MAKE MISTAKES !. Yes we all will but we must 'man up' and face those consequences. He quite clearly hasn't so I would suggest an even harsher sentence.

  • nick.holmes.184881 - 2012-11-13 13:15

    Must have had a fallout with the Zuma camp/compound

  • BigChiefPlumbPudding - 2012-11-13 13:23

    Soon to be seen on a Golf Course near you.

  • jeremy.thewasp - 2012-11-13 13:33

    If he got 5 years the whole ANC Govt should be behind bars for life! Zuma has over 200 criminal charges pending against him which 'suddenly' dissapeared... I suppose a criminal record is standard to become a member of the ANC NEC We live in a criminal state after all...

      alan.jerrold - 2012-11-13 16:42

      Actually I think it was over 700 charges - for corruption, money laundering and racketeering. Hail to the Prez! And he wants a second term????

  • DrGonzoSA - 2012-11-13 13:33

    5 years for R100,000? There would be some mighty long sentences if that formula was applied to all the thieves in parliament.

  • DrGonzoSA - 2012-11-13 13:34

    And he'll probably get a job with the ANC politics school when he gets out, like other convicted crooks

      deon.louw.7505 - 2012-11-13 14:23

      He was a new Nat, probably will get his ANC card soon enough now as he qualifies by going to jail?

  • sandy.langenstrass - 2012-11-13 13:34

    Do the with TIME........NO ONE SHOULD BE ABOVE THE LAW!!!!!

  • johan.vanheerden.737 - 2012-11-13 13:36

    So is the Count also going to be charged with corruption?

  • craig.thom.376 - 2012-11-13 13:37

    wow one conviction in 18 years-good job-small steps!

  • Cherri - 2012-11-13 13:37

    One NNP member/NEC off to prison for corruption....when can we expect the corrupt ANC parliamentarians to follow? Yeah, I'm dreaming, I know.....

  • jacqui.daanevanrensburg - 2012-11-13 13:47

    His blood pressure will get him home soon.

  • Riaan Venter - 2012-11-13 13:51

    1 Down so many to go!!!

  • dalai.rama.9 - 2012-11-13 13:58

    The Dalai Rama suggests: "He should be out on parole."

  • roy.wadhams.1 - 2012-11-13 14:21

    How soon will he be out for 'health reasons"

  • martin.coetzee.92 - 2012-11-13 14:37

    LOVL!What a poephol!he was sentenced in 2006 for five years if he started his sentencing in 2006 he would've been a free man by now!Now he needs to report for correctional duty!my advise to him,call shabier shaik!he can recommend a few doctors who can assist!

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