State calls for “suitable” sentence in the Ramaphosa and Mfeleng trial accused of defrauding Department of Labour’s CF
The State in the Pretoria Magistrate’s Court called for a “suitable” sentence that will take into consideration the seriousness of the offence and the interests of both the community and the accused in the fraud trial of Maxwell Ramaphosa (40) and Samuel Mfeleng (40) - accused of defrauding the Department of Labour’s Compensation Fund (CF) of R2,1-million.
Responding to the defence during the arguments in mitigation of sentence, Prosecutor Margaret Thulare told the Court that the accused had committed a serious offence. Thulare said the accused were employed in positions of trust.
“The accused not only committed their deeds, but they did so while employed and earning income. They stole from the poor and robbed the Department. Their only motivation was greed,” she said the accused had also offered to pay back their ill-gotten gains after a long-drawn trial.
In his submission in mitigation of sentence, Ramaphosa’s legal representative said although the accused was previously convicted for drunk-driving, he was willing to repay the money defrauded in instalments of R1000 per month. The lawyer argued that the ideal and harsh sentence will be “a correctional supervision”. He pleaded with the Court that the accused had two dependants and was now managing the car-wash business of his brother.
Mfeleng’s lawyer in his submission told the Court that the accused also had two children and a wife to support. He said the accused recently secured employment and was willing to repay back the Department. Mfeleng’s lawyer said a suspended sentence coupled with a fine would be ideal.
Ramaphosa and Mfeleng are facing 15 counts of fraud and 26 counts of money laundering. The accused are out on a bail of R3000 each.
The Ramaphosa and Mfeleng’s trial started in 2010 when it was first heard in the Pretoria Commercial Crimes Court. The duo were appearing in the matter with co-accused, Jurry Sehunoe, a physiotherapist operating from Rustenburg in North West. Sehunoe on 19 October 2011 pleaded guilty in the matter, and was subsequently handed a five-year suspended sentence.
Ramaphosa and Mfeleng are alleged to have collaborated with Sehunoe to defraud the workers’ Fund. The duo are former employees of the Department of Labour Compensation Fund.
Sentencing proceedings have now been postponed to 23 March 2016.
The Compensation Fund is a public entity under the adinistration of Department of Labour responsible to cover workers injured during work or who sustain diseases during the course of their occupation.
Enquiries:
Mokgadi Pela
Cell: 082 808 2168
