“The fact that the appellant was a policeman when he committed the offences is aggravating. He was supposed to be vigilant and protect the community he served against the crime.”

peal, which was handed down last week.

In recapping the events leading up to the charges, Judge Tlaletsi pointed out that on 28 February 2007 Setlholo and his allies misrepresented to Marthinus Bredenkamp, the complainant, that they were executing a lawful police operation and that he had committed and was being arrested for an offence relating to dealing in uncut diamonds while they knew that their so-called police operation was a sham and that the complainant had not committed any offence.

“They offered the complainant his liberty and promised that a police docket, for the engineered offence, would be handed over to him in exchange of an amount of R50 000.”

The incident took place at a house in Club 2000.

Bredenkamp, accompanied by another accused in the case, Jack Mvubu, was shown what appeared to be diamonds on a saucer.

“At that point, certain aggressive people with 9 mm pistols stormed the house. One of them, who was not in possession of a pistol, was wearing a police uniform.”

The man in the police uniform announced that the value of the precious stones found at the scene was R1.3 million and he threatened to arrest Bredenkamp unless he made a plan. The latter offered R5 000, which was rejected and instead R50 000 was demanded.

“Setlholo, who had been present at the scene, and some of the assailants drove with the complainant to the First National Bank where the latter withdrew R10 000 and handed it over to Setlholo. The balance of R40 000 was to be paid later when the docket was delivered.”

In the interim, Bre- denkamp reported the incident to the Bloemfontein Diamond and Gold Unit and a sting operation was set up to arrest Setlholo when he collected the balance of the money. Setlholo was arrested and an empty bogus docket confiscated by the police.

It was pointed out that Setlholo was a 27-year-old police constable in 2007 when he committed the offences and he had worked for SAPS for 10 years.

His defence advocate C F Van Heerden, argued that the sentence of 10 years’ imprisonment for the youthful offender was shockingly inappropriate. He contended that direct imprisonment was not the only suitable sentence for the offences committed and further argued that 10 years had lapsed since the commission of the offences and the appeal.

In handing down her decision on the appeal, Judge Phatshoane pointed out, however, that “corruption has plagued the moral fibre of our society to an extent that, to some, it is a way of life. There is a very loud outcry from all corners of society against corruption which nowadays seems fashionable”.

“The fact that the appellant was a policeman when he committed the offences is aggravating. He was supposed to be vigilant and protect the community he served against the crime. There can be no doubt that the corrupt and fraudulent activities executed in this case were carefully planned. The appellant played a significant role in the execution of the bogus police operation and had ample opportunity to reconsider his actions. He was a gainfully employed public servant and there had been no need for him to engage in any fraudulent and corrupt activities.”

She added that there there was “nothing evoking a sense of shock in the sentence imposed by the Magistrate requiring any interference on appeal”.

“In any event, the sentence imposed is not out of kilter with the sentence that we would have imposed. It follows that the appeal against the sentence must fail. She dismissed the appeal and confirmed the sentence and ordered that Setlholo present himself to the Regional Court in Kimberley within 48 hours of the the order to arrange for him to serve his sentence.