Judge Mbele dismissed the application of accused one, two, three, five, six and seven by saying the facts brought forward by Advocate Andries Nkome and Advocate René Bester on their behalf were not sufficient to sway another court or judge in a different direction.

The state prosecutors, Mvuseni Mponye and Thokozile Zumani, dismissed the defence's argument that there was a lack of material evidence directly linking their clients to the proceeds of these crimes. Mponye, who was leading most of the evidence during the trial, said there were no merits on their application to appeal and Judge Mbele was too lenient in terms of the sentence. The officers were found guilty on three charges after they were arrested in March 2017 for allegedly accepting bribes from Lesotho nationals to rectify their lapsed passports at the Ficksburg border post.

The officers were found guilty on three charges that included racketeering, corruption, and violating the Immigration Act. Judge Mbele sentenced accused number one to six to an effective jail term of 12 years imprisonment and sentenced accused number seven to 6 years imprisonment, running concurrently. Advocate Andries Nkome, who appeared on behalf of accused one, two, three, five and six argued that there was a lack of material evidence directly linking his clients to the proceeds of these crimes and that Mbele errored in her judgment. Advocate René Bester argued that the sentencing of her client was too harsh when considering the amount of cash that benefitted her client, Manthoto Edith Qasha (35), through this proceeds of crime.

Mbele on Wednesday 27 November, while sentencing the officers, said the accused did not take responsibility and did not show any remorse about what they have done and said the officers stuck to their word that they were being framed and did not know anything about the said charges. Advocate Lerata Mashee yesterday indicated to OFM News that he will file his application on behalf of accused number four sometime next week.

OFM News