Former ANCYL deputy president to remain behind bars

The Supreme Court of Appeal (SCA) has dismissed an application for reconsideration in the case of Rubben Mohlaloga, former ANC Youth League Deputy President.

He had previously served as Chairperson of the Parliament Portfolio on Agriculture, and briefly served as chairperson of the Independent Communications Authority of South Africa (ICASA).

Mohlaloga was convicted of fraud and contravention of the Prevention of Organised Crime Act in 2018. He was sentenced to 20 years’ imprisonment, serving concurrent sentences for both convictions. 

Mohlaloga was found guilty of pilfering R6 million from Agri Broad Based Black Economic Empowerment when he served as Chairperson of the Portfolio Committee on Agriculture.

These funds were intended to uplift and empower previously disadvantaged and emerging farmers in the agricultural sector to progress commercial farming. 

“Instead, it became a means through which he purchased luxury vehicles, started a stationery business, purchased art and a timeshare, and channeled an amount of R2.8 million to his family trust,” the SCA said. 

No funds were used for the agricultural empowerment programme as intended. 

According to South African law, a minimum 15-year sentence is prescribed for first-time fraud offenders where the amount is over R500,000.

He appealed both his conviction and sentence to the Gauteng High Court in Pretoria. This was dismissed, and his conviction was confirmed.

He then requested leave to appeal his conviction with the SCA, but this was refused. Mohlaloga applied to the President of the SCA for a reconsideration of this refusal.

This was referred to the court to determine if exceptional circumstances warrant a reconsideration of the decision.

In August 2025, the court found that Mohlaloga failed to demonstrate any such exceptional circumstances.

Abuse of public office, lack of remorse

“The SCA held that he merely rehearsed the arguments which he had already made and were considered and rejected by both the high court and two judges of the SCA.”

The court said that it weighed the aggravating circumstances of his conviction, including the abuse of public office and the exploitation of funds meant to empower previously disadvantaged farmers.

Additionally, Mohlaloga’s “lack of remorse” and his failure to repay the funds added to the severity of his crimes. 

According to the court, this outweighed other mitigating factors, including that this is his first offence, his wife is unemployed, and he has dependents, including minor children and extended family members. 

The appeal against his sentence was also dismissed by the court, and so Mohlaloga will serve out the full 20 years.

“Corruption and white-collar crime in state-owned entities lead to economic decline, job losses, more poverty, and reduced public trust,” Judge Fayeeza Kathree-Setiloane said in her ruling. 

She added that, unless those convicted of such crimes receive appropriate sentences, public confidence and participation in government institutions would be completely eroded.

Given the circumstances, Judge Kathree-Setiloane said she doesn’t believe that the 20-year sentence is disproportionate to the crimes. 

Mohlaloga was convicted alongside former Land Bank CEO Philemon Mohlahlane and attorney Dinga Rammy Nkhwashu. The R6 million was paid into Nkhwashu’s account on Mohlahlane’s instruction. 

According to the South African Police Service, Mohlalane made the transfer sound like an urgent ministerial request. Consequently, no due diligence procedures were followed. 

“There was no proper application‚ no due diligence was done on the project, and the matter was never served before the National Advisory Panel for approval,” the police said.