Madikizela-Mandela wins battle against jail sentence

PRETORIA – A South African judge yesterday scrapped a five-year jail sentence against the ex-wife of former president Nelson Mandela, Winnie Madikizela-Mandela, for theft and fraud in connection with bank loans she obtained for her employees.

Judge Eberhardt Bertelsmann of the Pretoria high court reduced the sentence handed down in April 2003 from five years to three years and six months, and then declared it suspended in full. In handing down his ruling, the judge said that Madikizela-Mandela had had “a long and often difficult role in public life” and that “during her lifetime, she supported a greater cause than her own”.”The crimes were not committed for personal gain,” he ruled.Madikizela-Mandela, the former president of the African National Congress Women’s League (ANCWL), was convicted on 43 charges of fraud and 25 of theft totalling one million rand.The judge overturned the conviction for theft but upheld the one for fraud.Outside the courtroom, Madikizela-Mandela sounded defiant and said her lawyers would appeal the judges’ decision to uphold the fraud charges.”I am as fine as I have always been,” she said.”I have given instructions to my lawyers to appeal the judgment (on the fraud charges) – a judgment that is completely wrong,” she said.Her lawyer had argued in court last month that Madikizela-Mandela was only trying to help her clients when she obtained fraudulent bank loans for them by creating fictitious ANCWL employees.Known as the ‘Mother of the Nation’, Madikizela-Mandela was cheered by her supporters when the judge handed down the decision in the courtroom, with many singing and “toyi-toying”, a warlike shuffle from the struggle era.President Thabo Mbeki’s governing African National Congress (ANC) said it respected the judge’s ruling and underscored that she did not deserve to go to jail.”Winnie is a tried and tested leader of the ANC who has gone through hard experiences and sacrifices in the process of the liberation struggle,” the ANC said in a statement.”Her experiences and leadership are valued by everyone across the racial spectrum in our country and throughout the world,” it said.Her co-accused, financial services broker Addy Moolman, also had 25 theft charges against him quashed, but he still faces a jail sentence for fraud.The judge reduced Moolman’s conviction for fraud from five years to four.- Nampa-AFPIn handing down his ruling, the judge said that Madikizela-Mandela had had “a long and often difficult role in public life” and that “during her lifetime, she supported a greater cause than her own”.”The crimes were not committed for personal gain,” he ruled.Madikizela-Mandela, the former president of the African National Congress Women’s League (ANCWL), was convicted on 43 charges of fraud and 25 of theft totalling one million rand.The judge overturned the conviction for theft but upheld the one for fraud.Outside the courtroom, Madikizela-Mandela sounded defiant and said her lawyers would appeal the judges’ decision to uphold the fraud charges.”I am as fine as I have always been,” she said.”I have given instructions to my lawyers to appeal the judgment (on the fraud charges) – a judgment that is completely wrong,” she said.Her lawyer had argued in court last month that Madikizela-Mandela was only trying to help her clients when she obtained fraudulent bank loans for them by creating fictitious ANCWL employees.Known as the ‘Mother of the Nation’, Madikizela-Mandela was cheered by her supporters when the judge handed down the decision in the courtroom, with many singing and “toyi-toying”, a warlike shuffle from the struggle era.President Thabo Mbeki’s governing African National Congress (ANC) said it respected the judge’s ruling and underscored that she did not deserve to go to jail.”Winnie is a tried and tested leader of the ANC who has gone through hard experiences and sacrifices in the process of the liberation struggle,” the ANC said in a statement.”Her experiences and leadership are valued by everyone across the racial spectrum in our country and throughout the world,” it said.Her co-accused, financial services broker Addy Moolman, also had 25 theft charges against him quashed, but he still faces a jail sentence for fraud.The judge reduced Moolman’s conviction for fraud from five years to four.- Nampa-AFP