Hope for more Bosasa prosecutions after Smith’s jailing

Former ANC MP first ‘big fish’ Zondo commission fingered

Former ANC MP Vincent Smith appears for his bail application on October 1 2020, at the Palm Ridge magistrate's court, south of Johannesburg. Smith is facing charges of fraud and corruption and was granted bail. File photo.
Former ANC MP Vincent Smith appears for his bail application on October 1 2020, at the Palm Ridge magistrate's court, south of Johannesburg. Smith is facing charges of fraud and corruption and was granted bail. File photo. (Alaister Russell/The Sunday Times)

Vincent Smith’s conviction and sentencing have been widely welcomed by civil society, saying they hope this will open doors for other Bosasa-accused to be successfully prosecuted.

Smith is the first high-profile political figure to be convicted over allegations emanating from the Zondo Commission.

The seven-year prison sentence handed to Smith has raised hopes that authorities may finally be gaining momentum in securing convictions in state capture-related cases.

The Council for the Advancement of the South African Constitution (CASAC) said the conviction could open the door for further prosecutions linked to Bosasa and other state capture matters.

“Hopefully, this has opened the door and paved the way for other prosecutions to follow, specifically with the other people that were implicated in receiving gratification from Bosasa and also more broadly with other state capture cases,” CASAC’s executive director and spokesperson Lawson Naidoo said.

Smith was sentenced at the Johannesburg high court after reaching a plea and sentencing agreement with the state. He pleaded guilty to charges that include contravening the Prevention and Combating of Corrupt Activities Act, fraud, money laundering and contravening the Tax Act.

Wayne Duvenage, the CEO of the Organisation Undoing Tax Abuse, said the case took a long time, which he said was a problem with the country’s under-capacitated criminal justice system.

“However, justice has been served and we should cherish that. His conviction means that the wheels of justice are turning, even though it’s too slow for our liking.”

“We trust that Gwede Mantashe, Nomvula Mokonyane and others implicated in similar personal benefits from Bosasa and others, will also be rounded up in due course, along with many other high-ranking people in government who have been found wanting in their corrupt deals. I can’t imagine Gwede and Nomvula sleeping well at night [after Smith’s imprisonment],” he said.

Duvenage said the NPA had a long way to go to start rounding up a plethora of people who were once or were still abusive of their positions of power. “We hope [Adv] Andy Mothibi [new NPA boss] will set the NPA on an efficient path to get moving on a lot of these matters, and that the minister of finance will do better in funding their needs in future budget allocations.”

Adv Paul Hoffman said he hoped the NPA would be encouraged to do its job properly. “The thing about Bosasa is that the Special Investigative Unit had worked out years ago, before anything happened, that Bosasa was up to mischief and the NPA just didn’t do anything about it because they were captured by crooks in high places,” he said.

During proceedings at the high court, judge Mohamed Ismail said Smith was a legislator entrusted with the responsibility of ensuring that the laws of the country were upheld.

The judge described corruption as a scourge that had reached alarming levels and needed to be addressed decisively.

The convictions stem from Bosasa, through former CFO Angelo Agrizzi, allegedly offering Smith gratifications in the form of security upgrades to his Gauteng home and Smith’s acceptance of cash transferred into his personal bank account via the bank account of his company, Euroblitz.

There were also payments in exchange for the use of his political influence as an MP to shield Bosasa from accountability for corrupting officials in the department of correctional services who awarded Bosasa contracts worth billions.

Smith further failed to disclose the taxable income of Euroblitz between March 2009 and July 2018, totalling about R28m. Charges against Euroblitz were, however, withdrawn.

Mothibi said: “In as much as the trial took longer than anticipated, the wheels of justice finally got in motion and the rule of law upheld.”

In a statement released following Smith’s sentence, the government said that reflected its commitment, as articulated by President Cyril Ramaphosa in the 2026 State of the Nation Address, to intensify the fight against corruption and ensure that those who abuse public resources are held accountable.

Acting government spokesperson Nomonde Mnukwa said implementing the recommendations of the Zondo Commission was key to strengthening democratic institutions and restoring integrity in government. - Additional reporting by TimesLIVE

Sowetan


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