In the matter between: 

and

JUDGMENT

1. The appellant, previously a maintenance officer at the George Magistrate's Court, was convicted on five counts of fraud.

2. On 26 May 2008, she was sentenced to three years imprisonment suspended for five years.

3.     Leave to appeal was refused on 4 August 2008.    A petition directed to the Judge President of this court dated 27 August 2011, asking for leave to appeal against sentence only, was successful. Leave, however, was granted in respect of both conviction and sentence.

4. The five counts of fraud of which the appellant was convicted, involved four separate and independent complainants. Their evidence disclosed unrelated incidents of fraud and there is no question of collusion between them. Aspects of their evidence were corroborated by other witnesses.

7. It is also relevant to note that in respect of one of the counts, the appellant admitted that she had accepted cash despite the fact that he conditions of her employment did not allow her to do so.
8. In a thorough judgment the magistrate analysed her evidence in some detail and dealt with all the discrepancies and contradictions. His conclusions can, in my view, not at all be faulted.

11.1. The payment of maintenance is often clouded in acrimony.
11.2. The receipt of maintenance may be of vital importance for the survival of recipients.
11.3. The appellant, an official, the Department of Justice, stole money from poor and vulnerable members of the public approaching her for assistance.
11.4. The correctional supervision officer reported that the appellant appears to be unrepentant and as not appreciating the seriousness of the crimes of which she had been convicted.
12. Reference was made to the fact that leave to appeal against sentence was granted despite the fact that the appellant did not apply for such leave. I am not surprised that the appellant preferred not to do so.
13. I therefore conclude that the appeal against sentence should also be dismissed.

VAN STADEN AJ

I agree. It is so ordered:

DLODLO, J