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Cheers as court grants Fidentia appeal

Johannesburg - The DA on Thursday welcomed the Supreme Court of Appeal's decision to grant the National Prosecuting Authority leave to appeal against the sentence imposed on former Fidentia boss J Arthur Brown.

"We trust the Financial Services Board (FSB) will do everything in its power to assist the NPA with this appeal and timeously disclose all evidence in its possession," Democratic Alliance MP Tim Harris said in a statement.

"In this instance it is not clear that they performed their responsibilities appropriately."

FSB chief financial officer Dawood Seedat, who had led the investigation into Fidentia, only testified in aggravation of sentencing once judgment had already been handed down.

After the sentence was handed down on May 15 the DA called on the FSB to appear before Parliament’s finance committee to account for its handling of the matter, said Harris.

"After the FSB initially agreed to appear before Parliament, the meeting was dropped at the last minute, ostensibly because of their continued involvement in the case."

The State approached the Supreme Court of Appeal (SCA) to ask for a heavier sentence against Brown.

Brown was convicted after admitting to making misrepresentations regarding investments entrusted to him. Western Cape High Court Judge Anton Veldhuizen fined him R75 000 or 18 months' imprisonment, for each of two fraud counts against him.

Brown was also given an 18-month jail sentence on each count, but this was suspended for four years on condition he not be convicted of fraud again during that period.

In June, the Western Cape High Court denied the NPA leave to appeal the ruling. The NPA then lodged an application at the SCA.

On Thursday, the NPA announced the SCA had granted it leave to appeal.

"We welcome the decision and we will be ready to argue when the matter is on the roll," Western Cape NPA spokesman Eric Ntabazalila said in a statement.

"At the moment we have not received a date of when we will be visiting the SCA to argue."

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