S v Dawjee and Others (CC45/2015) [2018] ZAWCHC 63; [2018] 3 All SA 816 (WCC) (10 May 2018)

S v Dawjee and Others (CC45/2015) [2018] ZAWCHC 63; [2018] 3 All SA 816 (WCC) (10 May 2018)

The court found that all accused were first offenders and had mitigating personal circumstances, but the offences were aggravated by their positions as senior police officials and the nature of the corrupt acts. The prescribed minimum sentence for corruption was considered, but in the case of accused 4, the State's misrepresentation regarding its applicability rendered it unfair to apply. For accused 6, substantial and compelling circumstances justified deviation from the minimum sentence. The timing of gratifications under PRECCA was interpreted broadly to include past, present, and future interventions. Correctional supervision was deemed insufficient to reflect the seriousness of the...

Citation
[2018] ZAWCHC 63
Parties
Applicant: The State; Respondent: Mahomed Salim Dawjee; Respondent: Towbars Cape CC; Respondent: Towbars King CC; Respondent: Arno Heinrich Lamoer; Respondent: Darius Joe Van der Ross; Respondent: Kolindhren Govender
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
CC45/2015
Procedural Posture
Criminal Law / Sentencing
Outcome
Conviction and sentencing of accused for corruption, fraud, and defeating or obstructing the course of justice. Direct imprisonment imposed for most accused, with portions suspended; fines imposed for corporate accused.
Judges
R Allie
Legal Topics
Corruption, Prevention and Combating of Corrupt Activities Act, Sentencing Principles, Minimum Sentences, Public Officer Misconduct, Fraud
Criminal Law Civil Procedure Corruption Prevention and Combating of Corrupt Activities Act Sentencing Principles Minimum Sentences Public Officer Misconduct Fraud

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Parties

The State

Applicant

Mahomed Salim Dawjee

Respondent

Towbars Cape CC

Respondent

Towbars King CC

Respondent

Arno Heinrich Lamoer

Respondent

Darius Joe Van der Ross

Respondent

Kolindhren Govender

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for each accused convicted of corruption and related offences.
  2. 2 Does the prescribed minimum sentence legislation apply to the accused, and if so, should the court deviate from it.
  3. 3 To what extent do mitigating factors such as remorse, personal circumstances, and impact on dependants affect sentencing.

Ratio Decidendi

The court found that all accused were first offenders and had mitigating personal circumstances, but the offences were aggravated by their positions as senior police officials and the nature of the corrupt acts. The prescribed minimum sentence for corruption was considered, but in the case of accused 4, the State's misrepresentation regarding its applicability rendered it unfair to apply. For accused 6, substantial and compelling circumstances justified deviation from the minimum sentence. The timing of gratifications under PRECCA was interpreted broadly to include past, present, and future interventions. Correctional supervision was deemed insufficient to reflect the seriousness of the...

Court Disposition

Conviction and sentencing of accused for corruption, fraud, and defeating or obstructing the course of justice. Direct imprisonment imposed for most accused, with portions suspended; fines imposed for corporate accused.

Orders

  • Accused 1: Eight years direct imprisonment for count 3 (corruption), two years suspended for five years; four years direct imprisonment for count 4; six years for count 5; five years for count 16 (fraud); three years for count 25 (defeating or obstructing justice); two years for count 26 (fraud). Sentences on counts...
  • Accused 2: Fine of R60,000 for counts 3 to 5, R40,000 suspended for five years on condition of no further conviction for corruption or defeating the ends of justice during suspension.