This complex investigation explores how Howard Mashaba's elderly parents fell into difficulty financially after their son started a business using their name, claiming unpaid debts and a series of frauds. The details of why he was expelled have been revealed.Graphic: John McCann
DDespite being labeled as a flight risk by law enforcement, Howard Mashaba was cited for past fraud charges when applying for bail in a separate case involving Absa in May 2019. He was given a suspended fine of R40 000 for failing to detail his conviction.
Mr Mashaba is being investigated by the Special Investigation Unit (SIU) for corruption in the National Lottery totaling R34 million and has three previous criminal convictions, including a conviction for fraud in September 2008.
On Monday, Judge Pindi Keswa held him in the Johannesburg Commercial Crimes Court for contempt of court for failing to disclose that he had a criminal record when applying for bail on charges of defrauding Mr Absa with a mortgage loan on suspicion of forgery. He was sentenced. document.
A source close to the state's case against Mashaba said of Keswa's decision to fine Mashaba R40 000 and give him a five-year suspended sentence: “She ignored his conviction for contempt of court, which he had not yet served. She said she would not enforce it and did not consider it to be a criminal record.”
In July 2019, Mashaba was again found guilty of contempt for defying a court order to pay Mercedes-Benz South Africa approximately R22 million owed by Sirumani's transport business.
Mashaba was sentenced to 30 days in prison for contempt. State prosecutor Richard Tshabalala previously said there was evidence that Mr Mashaba had tried to appeal his conviction but his application was rejected.
Tshabalala added that Mashaba became a fugitive after he failed to hand himself over to the Department of Corrections to serve the 30-day sentence imposed.
Mr Tshabalala presented his arguments on Monday, saying Mr Mashaba had already run afoul of the law over the Mercedes-Benz incident.
“Contempt of court punishes those who undermine the public's respect for the court,” Tshabalala said.
“Failure to disclose criminal records or pending cases in contravention of the provisions of section 60(11B) of the CPA.” [Criminal Procedure Act] “This is an act aimed at defeating or obstructing the administration of justice and is therefore a form of defeating or obstructing the course of justice.”
He argued that the sentence imposed by the court must be aimed at achieving one or more of the main purposes of punishment: deterrence, prevention, rehabilitation, and retribution.
Mr Tshabalala highlighted that Mr Mashaba was warned by Judge Philip Venter in July 2019 to reveal all his previous convictions.
Mr Tshabalala said: “The defendant has consciously failed to uphold the dignity and authority of the court that dealt with his bail application by not telling the court about the pending contempt case and by failing to disclose his two previous convictions. I have made a decision.”
He further said that under section 60(11B), an accused who fails or refuses to comply or provides false information to the court is guilty and liable to imprisonment for a term not exceeding two years.
“There is no evidence that he has been released on bail pending his application to the Supreme Court, which means that Mr Mashaba is a fugitive from justice and has no respect for the rule of law.” said Mr Tshabalala.
Prosecutors said Mashaba told the court during the bail hearing that he was a single parent and then tried to convince the court that he was not the only one responsible for the upbringing of the child. It reminded me.
He said imposing only a fine rather than a prison sentence would give the impression that Mr Mashaba had no reason to support or respect the rule of law because he had money and could get away with lying in court. He said it would be.
“To uphold the rule of law, courts should zealously protect the administration of justice by imposing sentences that are not only retaliatory but also serve to deter others from committing similar acts. “,” Tshabalala said.
Investigator Scotch Tabana previously highlighted that Mr Mashaba was suspected of defying all bail conditions imposed in October 2019.
In an explanatory affidavit compiled in response to a state request to keep Mashaba behind bars, Thabana said part of his October 2019 bail conditions included handing over his passport to investigators. Stated. At one point, Mashaba applied for relaxed passport requirements because she wanted to travel to the United States.
Tavana's affidavit states: “He has been to the United States several times, but due to his criminal record, he was denied a visa after investigators received information that he planned to flee to the United States in 2020. I should mention what happened.” he said, adding that Mashaba had breached his residency conditions.