Former Western Cape MEC for environmental affairs and development planning David Malatsi says he believes his five-year sentence for corruption in connection with his involvement in the multi-million Roodefontein Golf Estate Development was "harsh". Speaking after the sentencing on Monday, Malatsi denied that there was any personal enrichment on his part. "There was no personal enrichment in this case, there was no unjustified enrichment on my part, so I feel the conviction and sentence are unfair. "Bearing in mind that (developer, Riccardo) Agusta paid a fine, Peter Marais was found not guilty... me having to go to jail for doing my job, well..." he said.He said he believed he was "hung out to dry" by the now defunct New National Party, adding that the party should also have been prosecuted.
Minister of Environmental Affairs Marthinus van Schalkwyk, who was the leader of the party at the time, refused to comment on the sentencing. Van Schalkwyk's spokesperson, Riaan Aucamp, referred all queries to the Scorpions. Malatsi will not go to jail immediately as the court granted him leave to appeal against his conviction on one count of corruption and extended his bail.
In October, Malatsi was convicted of the one count of corruption for accepting R100 000 from the developer of the golf estate, Italian businessman Riccardo Agusta. Marais, his colleague at the time, was acquitted of the charges. Agusta accepted a plea bargain with the Scorpions in 2003 in terms of which he was fined R1-million. In passing sentence on Monday, Regional Magistrate Andre le Grange said he took into account Malatsi's personal circumstances, the seriousness of the offence and the interests of society. "The crime of corruption on the part of elected office-bearers and public service officials is no doubt a very serious offence," he said, adding that the superior courts have warned that such offences should be regarded as being as serious as crimes of violence and should be visited by the same penal sanctions.
He took into account that Malatsi was a first offender, but said in his view a sentence of correctional supervision, as requested by the defence, was inappropriate, having regard to the seriousness of the offence. "I have given serious consideration to the imposition of a fine, coupled with a term of imprisonment as a sentence option, but having regard to previous sentences imposed on similar offenders committing similar offences, this sentence option would not be in keeping with the recent judgments of our superior courts will not reflect consistency," he said.
Source: IoL
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