Nsikayomuzi Goodman Goqo, a fraudster sentenced to eight years in prison for swindling investors out of more than R70 million, is seeking to appeal his conviction and sentence.

He claims the Pinetown Regional Court’s decision was influenced by anger.

Goqo faced over 4,000 charges, including fraud and contraventions of the Banks Act. Between 2009 and 2010, he lured over 4,000 investors into a Ponzi scheme through his company, Ingede Mineral Holdings, which had offices in Hillcrest, promising a 30% interest over six months on stock exchange investments.

Contracts were signed with investors. Before his conviction, he had been out on R50,000 bail, which was granted in March 2014.

Goqo has hired advocate Simphiwe Mlotshwa, former acting director of public prosecutions in KwaZulu-Natal, to represent him in his appeal to the High Court. Mlotshwa was introduced to the court by attorney Ben Dlamini, who represented Goqo during his trial.

Mlotshwa argues that there are strong prospects of success for the appeal. He contends that the Regional Court erred in convicting Goqo due to the State’s failure to account for R5 million withdrawn from Goqo’s frozen bank account in early 2010.

Furthermore, Mlotshwa believes the appeal court will find that Magistrate Sphiwe Hlophe’s sentencing of Goqo was vitiated by anger, citing the case of S vs Rabie 1975.

“A judicial officer should not approach punishment in a spirit of anger, because being human, that will make it difficult for him to achieve that delicate balance between the crime, the criminal, and the interest of society, which his task and the objects of punishment demand of him.”

Mlotshwa also claims the eight-year sentence is “startlingly inappropriate” and shocking due to a duplication of convictions.

“The appeal court will find that, as prescribed by law, the State failed in proving the case against the accused (Goqo) beyond a reasonable doubt,” Mlotshwa added.

He said the court did not deal with the constitutionality of the involvement of State witnesses Johannes George Kruger, Victor Volcker, a forensic analyst, and another forensic analyst, Mrs Gunnard (first name not mentioned).

Mlotshwa highlighted that Volcker, who has since died, interviewed 3,496 investors, conducted searches and seizures, traced payments, and quantified cash withdrawals.

He stated that, in light of Section 35(5) of the Constitution of the Republic Act of 108 of 1996, there are good prospects of success if the appointment of Volcker was unlawful, and that all the evidence he collected ought to have been excluded in the trial.

The State is yet to respond, but senior prosecutor advocate Hazel Siraramen said they are opposing the appeal.

The matter is expected to proceed on October 20.

nomonde.zondi@inl.co.za

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