Justice Molefe only contravened part of Money Laundering Act
A man who was found guilty and convicted to five years imprisonment with a fine option of E30 000 by the magistrate’s court for failure to declare money at the border had his sentence reduced as he had only been convicted for contravening part of a section under the money laundering act.
Justice Mofele had filed an application at the High Court seeking an order that Nhlangano Magistrate Philisiwe Dlamini’s decision be reviewed and set aside.
The High Court has set aside the judgment of the magistrate’s court and replaced it with the two- year sentence with a fine option to pay E5 000 instead of the E30 000 fine imposed by the court aquo (magistrate)
High Court Judge Nkululeko Hlophe also ordered that half of the sentence be suspended for three years on condition that he is not convicted of a similar offence.
In the event the amount of E30 000 fine had been paid, Judge Hlophe ordered that it be refunded to the applicant.
He only contravened section 41 (1) of the Money Laundering Act in that he failed to declare the money amounting to E27 150 at Sicunusa border.