Fraudster enlists Mothusi to gain freedom
Lebogang Mosikare | Thursday July 7, 2016 16:24
Simisani Mashabile was found guilty by the principal magistrate Dumisani Basupi in April for using false pretences to swindle the National Development Bank (NDB) of P97,000 in 2011.
After sentencing Mashabile, Basupi advised him to make his appeal before the High Court which has since referred the matter back to the magistrate for review of the sentence.
Yesterday, prosecutor Gasemotho Pitlagano asked Basupi for the matter to be postponed to Friday to enable him to peruse documents from Mothusi and the High Court because he has not yet read them.
Previously, attorney Rebatho Rantshudu acting on behalf of Mashabile approached Basupi on urgency praying with him to grant Mashabile bail pending appeal but his attempt hit a snag after Basupi told him to approach the High Court if he was not satisfied with his decision.
Said Basupi: “I am not willing to entertain this application because I recently sentenced the applicant to jail and he has not served a substantial part of his sentence which may prejudice him if his appeal is successful at the High Court.
I am willing to listen to his application in two years”.
During sentencing, Basupi said Mashabile’s banking history showed that he used his First National Bank (FNB) automated teller machine card (ATM) to buy goods from JB Sports, Woolworths, Liquorama, Nandos, Pick n Pay and Choppies.
He also bought airtime regularly using his ATM card and he would use not less than P2,000 for every transaction he did after getting the loan from NDB, Basupi said.
“This is a clear demonstration that the accused was a big spender who had no intention of paying back the loan he took from NDB. From the way he used this money, it is clear that he did not intend to develop the farm he said he was going to develop and was prepared to defraud the bank,” said Basupi.
To add salt to the wound, Basupi said, Mashabile has not paid anything towards the loan.
“He was also not alone when he committed this offence but he is prepared to shoulder the sins of other people to frustrate the ends of justice so that other perpetrators are not brought to book,” said Basupi before sentencing Mashabile to seven years in jail.
In addition, Basupi said Mashabile should also repay NDB P97,000 plus interest that accrued from the time he took the money up to now.
Mashabile was convicted for taking a Temo Bokamoso loan from NDB in 2011 saying that he was going to purchase a farm in Mahalapye while he knew the information he presented was false.