Cwele sentence increased to 20 years after drug smuggling appeal backfires
DURBAN: In three days Sheryl Cwele will swop her high heels and formal wear for the bright orange garb of Correctional Services when she starts serving her 20-year jail sentence for drug smuggling.
Yesterday the Supreme Court of Appeal (SCA) dismissed an appeal made by Cwele, the ex-wife of State Security Minister Siyabonga Cwele, and her co-accused Frank Nabolisa against their convictions.
Instead the court increased their original 12-year sentence to 20 years, saying the original sentence was “disturbingly inappropriate”.
Now Cwele has three days to hand herself over to Correctional Services or face arrest.
In his judgment, SCA Judge Pres- ident Lex Mpati, with four judges concurring, found that Cwele and her co-accused Nabolisa had recruited KwaZulu-Natal South Coast women Charmaine Moss and Tessa Beetge to smuggle drugs into SA.
Beetge was found guilty of smuggling cocaine in Brazil in June 2008 and is currently serving an eightyear sentence.
Cwele yesterday refused to comment on the ruling when visited at her South Coast home yesterday responding “What do you want?”
Spotting a photographer from the Natal Mercury, sister publication of the Cape Times, Cwele said: “It’s you.You’re such a nuisance,” before walking back into the house.
Yesterday’s ruling marks the end of the legal challenges available to Cwele as neither she nor Nabolisa raised constitutional challenges during their appeal and therefore could not approach the Constitutional Court.
National Prosecuting Authority (NPA) provincial spokeswoman Natasha Ramkisson said Cwele, who has been out on R100 000 bail since her arrest in February 2010, would have to hand herself over to prison authorities within three days after her attorney has received a copy of the judgment.
“The State advocate received the judgment via fax today (Monday) therefore the defence should receive it in the same manner,” said Ramkisson.
Ramkisson said if Cwele did not hand herself in, a warrant for her arrest would be issued and the police would step in.
Nabolisa, who was denied bail in 2010, has been in custody since then.
Cwele’s neighbours said yesterday they looked out for her as she had fallen on hard times.
A neighbour, who would not be named, said Cwele lived with her mother and granddaughter. “She always asked me to look after her house when she left. A lot of people trouble her so she does not answer her cellphone. She keeps to herself and goes to church. Her kids visit her sometimes.”
Another neighbour said she had bought Cwele food and groceries after she heard that she was struggling financially.
“During Eid, I asked my housekeeper to send over biscuits and juice. Sheryl came and thanked me in the afternoon. She was crying and told me she had not eaten in two days.”
The woman said she sympathised with Cwele because she seemed to be in a bad state.
“I felt bad for her because we are neighbours.”
Beetge’s mother, Marie Swanepoel, who has made it her mission to get her daughter out of jail, said she was delighted by the court’s ruling.
“I have been waiting for a long time. She (Cwele) deserves the full 20 years,” she said.
In arriving at his harsher 20-year sentence, Judge Mpati had commented that it was through Swanepoel’s “courage and determination” that Nabolisa and Cwele had been caught.
According to his spokesman, Brian Dube, State Security Minister Siyabonga Cwele, who divorced Cwele last year, did not want to make any comments.