ICASA chairperson's sentencing postponed

ICASA's Rubben Mohlaloga awaits sentencing following fraud conviction. [Photo source: ICASA via Twitter]

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Rubben Mohlaloga, chairperson of the Independent Communications Authority of SA (ICASA) council, will have to wait another month to hear the sentence for his fraud conviction.

Mohlaloga, whose appointment as chairperson of the ICASA council came into effect on 1 December 2017, was found guilty of fraud and money laundering by a specialised commercial crimes court in January.

He and his co-accused were expected to be sentenced yesterday in the Specialised Commercial Crimes Court in Pretoria; however, sentencing proceedings were postponed.

Responding to ITWeb's questions via e-mail, Phindi Mjonondwane, National Prosecuting Authority Gauteng regional manager, says the case was postponed to 20 April for continuation of arguments in aggravation and mitigation of sentence.

The sentence will be passed on 15 May, adds Louw.

Mohlaloga, together with former Land Bank CEO Philemon Mohlahlane and other accomplices, conspired and transferred R6 million from the Land Bank to an attorney's trust account.

According to the Hawks, after the R6 million was received, the funds were distributed and a farm was bought for R2 million, along with an X5 BMW and BMW 118i for Mohlaloga, who was a member of Parliament and chairperson of the Portfolio Committee of Agriculture at the time.

Following Mohlaloga's fraud conviction, the communications ministry, which exercises oversight of ICASA, said it would wait for guidance from Parliament on what steps to follow concerning the chairperson's future at the telecoms regulator.

Last month, Parliament's Portfolio Committee on Communications recommended Mohlaloga be removed from his post. However, a final decision to fire the fraud-convicted chairperson still has to be adopted by the National Assembly.

ICASA also explained that the portfolio committee's recommendation is one of the steps in the removal process of the chairperson.

"In terms of the ICASA Act of 2000, the status of the chairperson of ICASA remains unchanged until such time that the National Assembly adopts a resolution calling for the removal of the chairperson from office and the subsequent removal thereof by the minister of communications."

In July 2013, Mohlaloga was appointed as an ICASA councillor even though he had already been charged with defrauding the Land Bank.

At the time, the communications department, under minister Dina Pule, said it was unaware Mohlaloga had been charged with fraud when he was short-listed. He also did not disclose the matter to the department, despite holding a senior position.

During his time at the telecoms regulator, he served as both councillor and acting chairperson. His tenure at ICASA came to an end last September, after the regulator announced his departure and said Paris Mashile would replace him as acting chairperson.

Last December, Mohlaloga made a comeback and was appointed as chairperson of the ICASA council.