Court rejects Winnie Mandela appeal over fraud conviction

The South African Supreme Court today dismissed an appeal by Winnie Madikizela-Mandela and broker Addy Moolman of their 2003 fraud convictions.

Madikizela-Mandela, the fiery anti-apartheid leader and ex-wife of former President Nelson Mandela, was originally convicted on 43 counts of fraud and 25 of theft and sentenced to five years in prison with one suspended.

However, in July the theft charges were dropped on appeal and the entire prison sentence was suspended. The fraud relates to loans obtained on behalf of non-existent African National Congress Women’s League employees from Saambou Bank.

Moolman was convicted of 58 counts of fraud and 25 of theft. He was sentenced to seven years in prison with two suspended. The theft charges were dropped and his sentence was reduced to four years on appeal.

The loans were approved on the basis of letters signed by Madikizela-Mandela, the league’s president at the time, falsely stating that the applicants were employed by the league.

The Pretoria High Court ruled in July that it was improbable that Madikizela-Mandela would have signed the letters, as she claimed, without knowing their contents.

It also held that Moolman had played a bigger role in the fraud than Madikizela-Mandela, and that the discrepancy in their sentences was therefore justified.

Moolman, the court found, had been driven by personal interest and greed.

Madikizela-Mandela’s role was determined to be more passive, and she did not gain any personal advantage from the crimes.

“Account must be taken of the fact that she did help poor people to obtain loans, however misguided and dishonest that action may have been,” Judge Eberhardt Bertelsmann said in his July appeal ruling.