Boesak To Serve Three Years In Jail

Boesak To Serve Three Years In Jail
May 12, 2000 


CAPE TOWN, South Africa (PANA) - South Africa's former leading anti-apartheid activist, Rev. Allan Boesak, was sentenced in the Supreme Court of Appeal Friday to an effective three years in jail for his conviction on fraud and theft charges involving over 200,000 US dollars.

Boesak, the former head of the World Alliance of Churches and leader of the African National Congress in the Western Cape, was found guilty of theft in the Cape Town High Court 17 March 1999 for using a Swedish aid grant for purposes other than intended by the donor. 

He was also convicted on one fraud and one theft charge for stealing 38,000 dollars from 100,000 dollars donated to children's fund by US pop star Paul Simon.

He was also found guilty of using money from the Foundation for Peace and Justice, of which he was the director, for his own gain.

Arguing in mitigation of sentence during the appeal process, Boesak's advocate, Mike Maritz, said no prison sentence could compare with the suffering that Boesak had already gone through. 

He said the damaging media publicity had left both Boesak and his wife without work and they had to rely on friends and relatives for handouts.

Maritz also urged the court not to let a public perception of Boesak's guilt influence its decision.

The appeal was heard by acting Chief Justice Hennie van Heerden, appeal Judges Johan Smalberger, Pierre Olivier, and acting appeal judges Ian Farlam and Lex Mpati, who had to study more than 6000 pages of documentation from the trial.

In a unanimous judgment handed down by Smalberger, the court said the state had failed to prove that Boesak intentionally stole money provided for an audio-visual project by Swedish International Development Agency.

There has been strong political reaction to Boesak's sentencing.

South African Prisoners' Organisation for Human Rights spokesman Miles Bhudu said the prison sentence was not appropriate to the crimes he has committed.

"No sentence can ever be enough for the suffering Allan Boesak has caused for the people he was supposed to serve," he said. 

"But justice seems to have been done. This verdict can only serve the process of restoring the image of the administration of justice and the independence of the judiciary," he added. "We can only hope that this sentencing will send a clear message to all those political and business white collar criminals, who by virtue of their privileged positions, make a mockery out of our hard earned democracy."

The ruling African National Congress said it respected the decision of the Appeal Court.

"The decision has been taken by an institution of integrity and we accept it," Smuts Ngonyema, the party's spokesman, said.

"We are, however, saddened by the fact that a person of Dr Boesak's calibre, who made such a major contribution to the liberation struggle should find himself in this unfortunate situation," he added.

The party, which also spoke on behalf of President Thabo Mbeki, said it "hoped and trusted that Boesak will come back more prepared to rejoin and further strengthen our ranks."

Pan Africanist Congress deputy president Motsoko Pheko said the law should take its course in any case involving corruption, regardless of the status of the perpetrator.

"The fact that the Appeal Court had upheld some of a lower court's convictions against Boesak was evidence that the charges against him were true," he said.

African Christian Democratic Party leader Kenneth Meshoe said he hoped the ruling sent a message to clerics "that the law does not have to be soft on them because they are religious leaders."

The New National Party said it had the highest respect for Chief Justice Ismail Mahomed and the Appeal Court bench for sending a message that serious white-collar crime does not pay.

The official opposition Democratic Party said the Appeal Court's ruling on Boesak was a sign of the judiciary's independence.

Boesak will be required to begin serving his term within the next seven days. 





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