Jus­tice Molefe only con­tra­vened part of Money Laun­der­ing Act

Swazi Observer - - NATIONAL NEWS - By Sandile Nkam­bule

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.

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