The South Gauteng High Court yesterday imposed a 15-year
jail term on former police commissioner Jackie Selebi, the
most senior police official yet to be convicted of
corruption.
Selebi is out on bail as his legal team prepares to apply
for leave to appeal against the conviction and sentence. He
was found guilty of receiving money from Glenn Agliotti, a
convicted drug dealer, between 2004 and 2006. In return,
Agliotti received benefits from Selebi, including the
attendance of meetings that Agliotti organised.
Legislation prescribes minimum sentences of 15 years in jail
for corruption by a public official, unless there are
substantial and compelling reasons for a lesser penalty.
Judge Meyer Joffe yesterday found there were no substantial
and compelling circumstances to justify granting a lesser
sentence to Selebi. “Fifteen years is an appropriate
sentence. It is not disproportionate to the crime,” Judge
Joffe said.
He said that at no stage had Selebi shown remorse . Instead,
he had lied and fabricated evidence before the court.
“It is inconceivable that the person who occupied the office
of the national commissioner of police could have been such
a stranger to the truth. At no stage during the trial did
the accused display any remorse.”
Judge Joffe also told Selebi that when he took over as
police commissioner in 2000, those under him looked up to
him with respect and they sought leadership from him in the
fight against crime.
The judge said Selebi must have been an embarrassment to the
people who had appointed him, to police members who served
under him, and to the court.
Judge Joffe said it was beyond understanding why Selebi
thought the court could accept mendacious and fabricated
evidence. He also said the seriousness of corruption could
not be overemphasised.
He had looked to previous judgments for guidance on the
appropriate sentence.
Judge Joffe quoted the North Gauteng High Court judgment of
ANC former chief whip Tony Yengeni, which stated that courts
had repeatedly warned that so-called “white-collar” crimes
were to be regarded as seriously as crimes of violence in
every respect, and that they should be visited by the same
penal sanction .
Judge Joffe also quoted a judgment of the Supreme Court of
Appeal in the case of businessman Schabir Shaik , in which
the court dismissed Shaik’s appeal against a 15-year jail
term for corruption. The appeal court stated that the
seriousness of the offence of corruption could not be
overemphasised.
“It offends against the rule of law and the principles of
good governance. It lowers the moral tone of a nation and
negatively affects development and the promotion of human
rights.
“As a country we have travelled a long and tortuous road to
achieve democracy.”
That judgment stated that courts had to send out an
unequivocal message that corruption would not be tolerated
and that punishment would be appropriately severe.
When Shaik was convicted in the KwaZulu-Natal High Court for
corruption, Judge Hilary Squires whose judgment was also
quoted by Judge Joffe likened corruption to a cancer. If
it were not checked, it became systemic, he said.
With acknowledgements to
Ernest Mabuza and Business Day.
Most or much of the
credit for this felon's demise from the high life goes to
Paul O'Sullivan.
He must be dancing an Irish jig a jig jig.
But some far more serious felons abound.
Like Jacob Zuma, president, whose known on the charge sheet
crimes dwarf those of Selebi.
What Zuma did to protect Thomson-CSF from Project Sitron
Arms Deal investigations and his permanent support of their
projects can only boggle the mind, although the NPA and SAPF
have never cared for their simple minds to be boggled in
this regard.
And like Thabo Mbeki former president, whose crimes whose
proper investigation by the Scorpions and their French
counterparts he thwarted, dwarf those of Zuma.
In the meantime, the other two low-level felons Judge Joffe
quotes, Tony Yengeni and Schabir Shaik, are long out of
prison, each having served just a fraction of the time to
which they were sentenced, those in power being ever fearful
of what they knew and could and would be used against them
should they linger and malinger much longer on the prison
sanatoriums (that's indeed where both spent most of their
time).
Mbeki should even have been charged with defeating the ends
of justice when he tried to protect Selebi when NDPP Vusi
Pikoli wanted him arrested.
At the same time DNDPP Leonard McCarthy should have been
charged with defeating the ends of justice when he
successfully protected Jacob Zuma and was awarded a cushy
post in New York as part compensation.
In the meantime, where most of the corruption started is
meant to be back on SCOPA's agenda after nine long years.
SCOPA has new and compelling evidence about the Arms Deal
and especially how the chief criminals made more criminals
out of the Chapter 9 watchdogs Shauket Fakie, Selby Baqwa
and Bulelani Ngcuka in covering up the biggest crime the
country has even seen.
Ironically the country spent several dozens of millions of
Rands doing an investigation of over 50 clear crimes in the
Arms Deal only for this to be snatched away from the
investigators at the final hour and cynically transmogrified
not into an investigation report, but a concrete cap of
South Africa's own corruption Chernobyl..
But as has become usual, the proper investigations are left
to outside agencies and private individuals and it comes
leaking out.
But SCOPA is clearly currently not taking things that
seriously, so who knows.
Neither of course are the SAPF or the NPA.
Zuma's point man in covering his back, Menzi Simelane is
doing a great job this far.
If we can at least in the meantime get Shauket Fakie and
Selby Baqwa into the chookie with Selebi. They were Mbeki
men stooges so Zuma won't bat that hard for them.
Meanwhile, we await Ranchod.
Out with it Rancod.