By Lebogang Seale
The former deputy director of the Directorate of Public Prosecutions, Advocate Cornwell Tshavhungwa, was on Monday sentenced to an effective six years in prison.
Magistrate Andries Lamprecht said he was furious at the "cancer" of fraudulent crime threatening to devour South Africa's democracy.
Tshavhungwa was convicted in February for defrauding Nedbank when he applied for a home loan of R1.2 million by pretending that his monthly income was R44 513.
He was also found guilty of defrauding his employer, the National Prosecuting Authority (NPA), when he misled it into believing that he was investigating irregularities regarding the granting of loans by the now defunct Mpumalanga Economic Empowerment Corporation (MEEC).
Other convictions related to charges of perjury, when Tshavhungwa testified under oath in the Pretoria High Court that he played a role in prosecuting the so-called Bronkhorstspruit cash-heist gang. It later emerged this was his attempt to fight the cancellation of his bail for drunk driving.
Handing down sentence at the Pretoria magistrate's court on Monday, a visibly angry Lamprecht said it was high-profile public figures like Tshavhungwa who endangered South Africa's young democracy.
"Fraud and corruption lie at the heart of the current danger in which our new democracy finds itself, especially the ones involving pubic offenders," he said.
"Democracy is what our liberation struggle was all about and it is people like you, as an officer in the NPA, entrusted with the upholding of the constitution upon which the law is based, who should protect it.
"You were aware of the ethical standards of your profession and that people looked up to you to see that crimes like these are eradicated, but instead of upholding the law, you breached it," he said.
Lamprecht sentenced Tshavhungwa to five years for defrauding Nedbank and another five years for defrauding the NPA.
Four years of the latter sentence are to run currently with that of defrauding Nedbank. Tshavhungwa was given leave to appeal.
Lamprecht lashed out at Tshavhungwa for "reckless and negligent driving", saying his case of drunk driving was one of the worst he had heard in his 25 years of practice as state attorney and magistrate.
"You kept on speeding, slowing down and then speeding with your lights on, forcing other motorists off the road. It's only by the grace of God that no lives were lost." He fined Tshavhungwa R40 000 and suspended his driver's licence.
Lamprecht told Tshavhungwa his asset forfeiture hearing would be heard in September. Although his R50 000 bail was extended pending the outcome of his appeal, he should, hand himself over to the police within 72 hours, should the appeal case be refused by the High Court. Outside court, Tshavhungwa said: "I'm glad the case will now be heard at the High court because there is no law here, only a miscarriage of justice."